DESK REFERENCE

AM

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ITH

DIS

AB

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IES

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) ACCESS FOR INDIVIDUALS WITH DISABILITIES UNDER

SECTION 504 OF THE REHABILITATION ACT AND

TITLE II OF THE ADA

Table of Contents

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INTRODUCTION

CHAPTER I—Considerations in the Federal-aid Highway Program

I. Authorities II. Laws & Regulations III. Project Oversight IV. Program Oversight V. Complaint Investigation and Resolution VI. Program and Facility Accessibility VII. Accessibility of Pedestrian Rights-of-Way VIII. Auxiliary Aids/Communications

CHAPTER II—Implementation

I. Roles and Responsibilities • FHWA Headquarters Office of Civil Rights • FHWA Resource Center • FHWA Division Office • FHWA Federal Lands • State Transportation Agency

II. Documentation III. ADA Program: Minimum Requirements IV. Contract Requirements V. Review Guidelines

APPENDICES *See next page for detailed listing of Appendices

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Table of Contents

4 A. ADA Implementation, Compliance and Enforcement Guide B. ADA/504 Technical Assistance Tool C. Sample ADA/504 Policy/Assurances D. Sample ADA/504 Notice of Nondiscrimination E. Sample Reasonable Accommodations Request F. Sample Technical Infeasibility Statement G. Sample ADA/504 Self-Evaluation H. Sample ADA/504 Transition Plan I. Selected Nondiscrimination Authorities

Authorities • 29 USC 794, et seq. - Section 504

of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987)

• 42 USC 126 Equal Opportunity for Americans with Disabilities

• Public Law 100-259;102 Stat. 28 Civil Rights Restoration Act of 1987

Regulations • 28 CFR Part 35

Nondiscrimination on the Basis of Disability in State and Local Government Services

• 49 CFR Part 27 Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance

Guidance • FHWA Memorandum: ADAAG Detectable Warnings

(Truncated Domes) May 6, 2002 • FHWA Memorandum: ADAAG and Detectable

Warnings July 30, 2004 • FHWA Memorandum: ADAAG Public Right-Of-Way

Access Advisory January 23, 2006 • 23 CFR PART 1235 -- UNIFORM SYSTEM FOR

PARKING FOR PERSONS WITH DISABILITIES J. FHWA FORMS:

• Survey Form 1 Parking • Survey Form 3 Exterior Accessible Routes • Survey Form 4 Curb Ramps • Survey Form 29 Transportation - Bus Stops

K. Definitions L. Acronyms and Abbreviations M. Relevant Court Decisions N. Facility Accessibility Equipment List O. How to Write and Speak About People With Disabilities P. Federal-aid (FHWA) Funds For Pedestrian Activities

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Introduction

This Desk Reference is designed to help staff tasked with compliance and oversight activities ensure that State and local transportation agencies responsible for highway construction and operations comply fully with the pro-visions of Title II of the Americans with Disabilities Act (Title II ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). It is written for civil rights specialists, engineers, management staff, public involvement spe-cialists and others who share this responsibility. The Desk Reference discusses situations that transportation professionals may encounter, which will demonstrate how the regulations would apply in specific instances. Also included are a variety of worksheets that outline a structured process for planning, evaluating, and documenting certain compliance activities. The core mission of FHWA and its State and local recipients of Federal-aid is to provide safe and efficient trans-portation facilities. Over the years, the primary focus has been the construction of the Interstate highway system. Now that the Interstate system is substantially complete, with the exception of smaller segments and connectors, FHWA’s focus has turned to the safe, effective and efficient operation of these systems. Given this shift in fo-cus, more attention is now being paid to pedestrian facilities that are located within the public right-of-way. Transportation agencies are aware that the pedestrian facilities and the pedestrian networks and systems they own, operate and maintain are vital arteries for the movement and circulation of people. Pedestrian facilities are now also recognized as positive quality-of-life enhancers that have become tools to improve our lives through greater health benefits of exercise, reduced vehicle emissions and the connectivity of neighborhoods to busi-nesses, (STAs), and other vital facilities. All of these factors promote greater livability in our communities. As a result, many roadway projects--whether new construction or the alteration or reconstruction of existing facilities-- may often involve the construction of new or altering existing pedestrian facilities. When that occurs, STAs must ensure that those facilities are made accessible to individuals with disabilities. However, FHWA’s role extends beyond ensuring that pedestrian facilities, systems and networks are accessible for those with disabilities. FHWA has a regulatory responsibility under Title II of the ADA and Section 504 to ensure that recipients of Federal–aid and State and local entities that are responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in any highway transportation program, activity, service or benefit they provide to the general public. Virtually all of the entities for whom FHWA has oversight provide programs, services, activities and benefits that encompass highway transportation facility construction, operation and maintenance. These programs and services include public outreach activities in connection with transportation projects and initiatives, bidding and other contract activities, public information services such as traffic and tourist hotlines and even the operation and maintenance of the entities’ own buildings and facilities. The accessibility of STA programs, services and activities is critical in helping STAs design and construct accessible pedestrian facilities. Accordingly, State and local entities must employ ADA/504 coordinators, inform the public of their responsibilities of these regulations, conduct and update self-evaluations and transition plans, and provide auxiliary aids to individuals with visual and hearing impairments to facilitate this access.

ADA/504

INTRODUCTION

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I. AUTHORITIES

Note: This document references the following sources:

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 Titles that represent broad areas subject to Federal regulation. For example, the regulation citation "28 CFR 35.103" means Title 28 of the Code of Federal Regulations, Part 35, Section 103. The United States Code (USC) is the codification by subject matter of the general and permanent laws of the United States. It is divided by broad subjects into 50 Titles and published by the Office of the Law Revision Counsel of the U.S. House of Representatives. For example the statute citation "42 U.S.C. 12102" means Title 42 of the United States Code, Section 12102. This reference guide is consistent with regulations governed by USDOT. The following laws and regulations apply to, or effect FHWA/STA programs, services and activities that involve compliance with Title II ADA and Section 504:

• 29 USC 794, et seq. -- Section 504 of the Rehabilitation Act of 1973 (as amended by the Civil Rights Restoration Act of 1987)

• 42 USC 3, et seq.12111 -- Americans with Disabilities Act (Title II)

• 28 CFR Part 35 -- Nondiscrimination on the Basis of Disability in State and Local Government Services

• 49 CFR Part 27 -- Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Fed-

eral Financial Assistance

• Public Law 100-259; 102 Stat. 28 -- Civil Rights Restoration Act of 1987

• 23 CFR Part 5632 -- Pedestrian & Bicycle Accommodations and Projects

• 23 CFR Part 1235 -- Uniform System for Parking for Persons with Disabilities

• 23 CFR 450.220(a)(4) -- ADA Requirements to be Certified into Statewide Planning

• 23 CFR 450.316(b)(3) -- ADA Requirements for Metropolitan Planning

• 23 CFR 771.105(f) -- ADA Requirements for NEPA

• Public Law 109-59 -- Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005

Note: Section 504 of the Rehabilitation Act and the ADA, have parallel requirements for accessibility.

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ADA/504 Chapter 1

CONSIDERATIONS

II. LAWS AND REGULATIONS THAT REQUIRE ACCESSIBILITY

LAWS

There are three laws that require accessible planning, design and construction, and actions to integrate people with disabilities into mainstream society: The Architectural Barriers Act (the ABA) of 1968 (For Federal or Federal-funded facilities (42 U.S.C. §§ 4151 et seq. § 4151)) According to the U.S. Access Board, The ABA requires access to facilities designed, built, altered, or leased with Federal funds. Passed by Congress in 1968, it marks one of the first efforts to ensure access to the built environment. The Access Board develops and maintains accessibility guidelines under this law. These guide-lines serve as the basis for the standards used to enforce the law, the Uniform Federal Accessibility Standards (UFAS). Four Federal agencies are responsible for the standards: the Department of Defense, the Department of Housing and Urban Development, the General Services Administration, and the U.S. Postal Service. Federal agencies are responsible for ensuring compliance with UFAS when funding the design, construction, alteration, or leasing of facilities. Some departments have, as a matter of policy, also required compliance with the ADA Accessibility Guidelines (which otherwise do not apply to the Federal sector) in addition to UFAS. The ABA is enforced by the Access Board through the receipt and investigation of complaints. The Rehabilitation Act of 1973 (for Federal-aid programs) 29 U.S.C. 794 Several years after the ABA had become law, Congress observed that compliance had been uneven and that no initiatives to create Federal design standards for accessibility were underway. The Rehabilitation Act was passed to address these concerns. The Rehabilitation Act contains the following Sections, besides Section 504:

• Section 501 of this act prohibits discrimination on the basis of disability in Federal employment and

requires Federal agencies to establish affirmative action plans for the hiring, placement, and advancement of people with disabilities in Federal employment.

• Section 502 of this law created the Access Board, originally named the Architectural and Transportation Barriers Compliance Board. The Board was charged with ensuring Federal agency compliance with the ABA and proposing solutions to the environmental barriers problems addressed in the ABA. Congress was clear in its intent that compliance be the primary essence of the Board's function.

• Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. Section 503 is the responsibility of the U.S. Department of Labor, Office of Federal Contractor Compliance Programs.

• Section 505 establishes the enforcement procedures for Title V of the Rehabilitation Act. Section 505 (a) (1) provides that the procedures and rights set forth in Section 717 of the Civil Rights Act of 1964 shall be available with respect to any complaint under Section 501. Section 505 (a)(2) provides that the reme-dies, rights and procedures set forth in Title VI of the Civil Rights Act of 1964 shall be available to any person alleging a violation of Section 504. In 1998, Congress amended the Rehabilitation Act.

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ADA/504 Chapter 1

CONSIDERATIONS

• Section 508 was enacted to require Federal agencies to make their electronic and information technol-ogy accessible to people with disabilities, to eliminate barriers in information technology, to make avail-able new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology.

Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessi-ble new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court (similar to Title VI of the Civil Rights Act of 1964), except that it prohibits discrimination on the basis of disability in programs, services, or activities receiving Federal Financial Assistance. The Americans with Disabilities Act of 1990 (State and local government programs and facilities (ADA, Title II)) (42 U.S.C. § § 12101 et seq)). The Americans with Disabilities Act (1990) is a civil rights statute prohibiting discrimination against people with disabilities in all aspects of life, including transportation, public services, employment housing, public accommo-dations, education, communication, worship, recreation, and health services. In essence, the ADA places re-sponsibility for the inability of people with disabilities in becoming part of mainstream society due to, or as a re-sult of barriers in the physical, societal, and information infrastructure, and not a person’s disability. The U.S. Congress determined that ADA was needed with the following findings placed in the original legislation at PUBLIC LAW 101-336: (a) Findings: The Congress finds that -

(1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a seri-ous and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

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(7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;

(8) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and non-productivity.

b) Purpose It is the purpose of this chapter -

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amend-ment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

(Pub. L. 101-336, Sec. 2, July 26, 1990, 104 Stat. 328.)

The ADA requires nondiscriminatory policies in institutions that serve the public, whether publicly or privately owned. In each area, it seeks to ensure that persons with disabilities are afforded the same rights as other American citizens. The ADA contains five titles. Title I - Equal Employment Opportunity for Individuals with Disabilities This Title is designed to remove barriers that would deny qualified individuals with disabilities access to the same employment opportunities and benefits available to others without disabilities. Its provisions apply to em-ployers with 25 or more employees (effective July 26, 1992) and to those with 15 or more employees (effective July 26, 1994). Title II, Subpart C, of the ADA addresses employment discrimination, but references Title I and Section 504 for specific requirements concerning employment. However, the Rehabilitation Act Amendments of 1992 amended Section 504 to incorporate the employment standards of Title I. As a result, all public school dis-tricts, regardless of the number of employees, are subject to Title I standards. The employment provisions of the ADA are enforced primarily by the Equal Employment Opportunity Commission (EEOC). Title II - Nondiscrimination on the Basis of Disability in State and Local Government Services See: “Title II ADA (State and Local Governments)” on page 4 -- A -- 4. Title III - Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities This Title prohibits discrimination on the basis of disability by private entities in places of public accommodation (such as hotels, stadiums, cinemas, cafeterias, golf courses, private schools, day care centers, health clubs and conference centers). Title III requires that all new places of public accommodation and commercial facilities be designed and constructed so that they are readily accessible to, and usable by, persons with disabilities. It also requires that private entities that conduct examinations or courses for professional and trade licensing or certifi-cation provide equal opportunity to persons with disabilities.

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Title IV - Telecommunications Relay Services Title IV is a portion of the ADA statute, enforced by the Federal Communications Commission, that requires telephone companies to have developed interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing limitations and speech disabilities who use telecommunications devices for the deaf (TDDs), which are also known as teletypewriters (TTYs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The requirements of Title IV should not be confused with the requirements of Title II Subpart E (Communications) of and Section 504 regulation at 49 CFR 27.7 (c), where STAs are required to ensure that their communications are accessible to individuals with hearing and visual impairments. Under Subpart E, an STA is required to pro-vide program participants access to TDD/TTY service that would be provided to STAs by a telephone company in order to make the STAs’ programs, services and activities accessible. The enforcement of Title IV is the responsibility of the Federal Communications Commission (FCC), not FHWA, as FCC has jurisdiction over telephone companies. This is discussed in further detail on Page 7-6. Title V - ADA Miscellaneous Provisions Title V contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws and its impact on insurance providers and benefits. It also states that individuals cannot be required to accept accommodations and services against their will; clarifies the fact that public entities, including the States, can be sued for ADA violations; prohibits retaliation and coercion against those exercising or seeking to exercise their rights under the ADA; and summarizes remedies and procedures. It establishes the role of Federal agencies with respect to enforcement and technical assistance related to the ADA and extends coverage to the U.S. Congress. This Desk Reference will address FHWA’s roles and responsibilities for Title II ADA and Section 504 of the Rehabilitation Act of 1973 for which the basic content of each of these will be noted below. However, not all of the distinct provisions of each section will be included in this overview. TITLE II - ADA (State and Local Governments) This Title prohibits discrimination on the basis of disability by public entities. It is divided into two parts, the first of which deals with State and local governments and the second with public transportation. The provisions related to State and local governments are similar to those previously set forth under Section 504 for public and private entities that receive Federal funding. Title II extends that nondiscrimination mandate to all public entities, regard-less of funding status. The Federal Highway Administration enforces Title II as it pertains to transportation agen-cies and local governments that build, own, operate and maintain pedestrian facilities along the roads and high-ways. With the passage of the ADA, people with disabilities are, for the first time, assured of access to all programs and services provided by State and local government agencies. Previously, under Section 504 of the Rehabilita-tion Act of 1973, as amended, only those public entities that receive Federal funding were explicitly prohibited from discriminating on the basis of disability. But ADA Title II prohibits all public entities--even those completely independent from Federal funding--from discriminating against people with disabilities. Title II is divided into two Subtitles. This Desk Reference focuses on SubTitle or Part A, which is implemented by the United States De-partment of Justice's Title II regulation at 28 CFR Part 35. SubTitle or Part B covers public transportation and is implemented by the Department of Transportation's regulation at 49 CFR Part 37. SubTitle or Part B provisions will not be addressed here. The use of the term "Title II" throughout this Desk Reference is intended to refer only to ADA Title II, Part A, 42 USC 12131 - 12134.

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The United States Department of Justice regulates the enforcement of ADA Title II in 28 CFR Part 35. The reach of the regulation is stated to include “all services, programs, and activities provided or made available by public entities” but not those designated as public transportation services, programs, and activities of public enti-ties that are covered by part B of Title II (42 U.S.C. 12141). 28 CFR § 35.102. The obligation to comply with Title II extends to all public entities, including:

• any State or local government; and • any department, agency, special purpose State Transportation Agency, or other instrumentality of a

State or local government.

All STA systems must meet ADA Title II accessibility standards because they are considered "instrumentalities" of the State government. All programs, activities, and services of STA systems must meet ADA Title II accessi-bility standards. Examples of activities covered include:

• the operation of all services and programs offered by the entity; • all aspects of the employment relationship; and • services carried out by contractors.

ADA TITLE II REGULATION SUBPARTS

The regulation implementing SubTitle or Part A of ADA Title II is divided into seven Subparts: (1) general, (2) general requirements, (3) employment, (4) program accessibility, (5) communications, (6) compliance procedures, and (7) designated agencies. The basic content of each of these will be noted briefly below. However, not all of the distinct provisions of each section will be included in this brief overview. For more detailed information, consult the chapter in which that part is discussed (indicated at the end of each section summary). General (28 CFR 35.101-35.107) This Subpart provides basic background on the law's purpose, its relationship to other laws, and key definitions essential to its interpretation. It also presents the requirement that public entities conduct a self-evaluation to determine whether they are in compliance, provide notice regarding the rights and protections afforded by Title II, and, if the entity employs over 50 persons, designate a responsible employee to coordinate the entity's com-pliance with Title II and establish a grievance procedure to handle complaints. General Requirements (28 CFR 35.130-35.135) This Subpart of the Title II regulation addresses the basic mandate of the ADA: that no qualified individual with a disability shall be excluded from participation in, or denied access to, programs or activities; denied benefits or services; or be subjected to discrimination by any public entity. Specifically, this section discusses the general prohibitions against discrimination, and provisions regarding the illegal use of drugs, smoking, maintenance of accessible features, retaliation or coercion, and personal devices and services. Employment (28 CFR 35.140) The ADA Title II regulation states that public entities are prohibited from discriminating in employment in any service, program or activity conducted by the public entity. Title II ADA requires that public entities follow Title I requirements, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, It should also be noted that Section 504, at 49 CFR §27.19 provides that compliance with the EEOC

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Title I regulations is required as a condition of compliance with Section 504 for FHWA recipients even for organi-zations which, because they have fewer than 25 or 15 employees, would not be subject to the EEOC regulation in its own right. Compliance with all these regulations is a condition of receiving Federal financial assistance from the Department of Transportation. Therefore, all STAs are subject to ADA Title I standards. The basic mandate of ADA Title I is that an employer cannot discriminate against qualified individuals with dis-abilities in its employment policies and practices. For example, employers are required to make reasonable ac-commodations for qualified applicants and employees with disabilities upon their request, unless the employer can prove that providing the accommodation would result in an undue hardship. The ADA Title I regulation pro-hibits discrimination in all aspects of employment, including recruitment, advertising, the application process, job classifications, position descriptions, testing, interviewing, hiring, assignments, evaluation, discipline, medical examinations, compensation, promotion, on-the-job training, leave, tenure, seniority, lines of progression, bene-fits (such as health insurance), social and recreational programs, layoff/recall, and termination. Program Accessibility (28 CFR 35.149-35.151) This Subpart of the Title II regulation addresses the requirement that public entities ensure that their programs and activities are accessible to, and usable by, persons with disabilities. This section governs STA buildings, facilities, including pedestrian facilities within the public right-of-way. The ADA Title II regulation also contains standards for existing facilities, as well as for new construction and alterations of facilities. This Subpart of the Title II regulation addresses the requirement that public entities ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. The Subpart addresses the responsibility of a public entity to furnish auxiliary aids and services. In addi-tion, it sets forth requirements for providing TDDs, telephone emergency services, and information and signage. While the Section 504 regulation does contain a number of nondiscrimination requirements that, taken as a whole, result in an obligation to provide effective communication, the Title II regulation contains specific requirements that are not provided in the Section 504 regulation (e.g., requirements for TDDs and telephone emergency services). Compliance Procedures (28 CFR 35.170-35.178) This Subpart establishes the administrative procedures for enforcement of ADA Title II. It also states provisions related to attorney's fees, alternative means of dispute resolution, the effect of the unavailability of technical assistance, and State immunity. Designated Agencies (28 CFR 35.190) This Subpart designates the Federal agencies responsible for investigation of ADA Title II complaints, distributing enforcement responsibilities for particular public entities among eight Federal agencies. The U.S. Department of Transportation is designated to enforce ADA Title II in areas within the public right-of-way. Complaints related to employment are referred to the Equal Employment Opportunity Commission (EEOC). Complaints regarding TDD/TTY service are to be referred to the Federal Communication Commission after careful and thorough review to determine that the allegations do not involve compliance issues covered under Title II ADA Subpart E (communications).

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APPLICATION OF OTHER LAWS

The ADA statute and regulations clearly specify that ADA Title II may not be interpreted to apply a lesser degree of protection to individuals with disabilities than is provided under Section 504. The U.S. Department of Justice Regulation explains at 28 CFR § 35.103 the ADA Title II relationship to these other laws as follows:

(a) Rule of Interpretation. Except as otherwise provided in this part, this part shall not be construed to

apply a lesser standard than the standards applied under Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations issued by Federal agencies pursuant to that title.

(b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.

ADA Title II, like Section 504, requires covered entities to evaluate current policies and practices. The ADA does not require new self-evaluations for all State Transportation Agency programs and activities. If the STA completed a self-evaluation as part of its obligations under Section 504, only programs not previously reviewed, or changes in programs and functions, must be evaluated. However, many Section 504 self-evaluations were conducted years ago; actions taken to comply with Section 504 may not have been fully implemented or may no longer be effective, and the scope of the covered program or activity may have been more limited than subsequently required by statute. Therefore, it is strongly encouraged that STAs conduct a comprehensive review of all current programs, and periodically update those reviews. Similarly, the transition plan required by ADA Title II must cover structural changes to facilities to achieve pro-gram accessibility in parts of the STA’s operation not covered by the Section 504 transition plan. If there are structural or other changes identified in your previous transition plan for Section 504 that have not been com-pleted, these changes should be included as priorities in the Title II transition plan. Note also that the ADA does not in any way relieve STAs from complying with any other State, local, or Federal laws that bear on the rights of individuals with disabilities and that provide protection at least equal to that given under the ADA. References: 1. “Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary

and Secondary Schools,” U.S. Department of Education, Office of Civil Rights, Washington, D.C. 277pp.

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III. PROJECT OVERSIGHT Throughout the project delivery process, public entities must incorporate accessibility requirements of Section 504 of the Rehabilitation Act and Title II of the ADA. For all projects that use Federal funds as part of the financing arrangements, FHWA needs to periodically review those projects, where they have oversight responsibilities, for accommodation of pedestrians. In contacts with State and local officials, the FHWA needs to encourage them to develop procedures for incorporating pedestrian accessibility into their projects. The Area Engineers often are the principal contact for all “project” matters. In many respects Area Engineers serve as generalists - involved in project planning, location, design, construction and maintenance activities. They must evaluate proposed systems and project changes for adequacy and effect upon the Federal-aid highway system (including public rights-of-way). The Area Engineers’ oversight responsibility may include periodic project re-views and inspections to assure compliance with the regulations and recommend conformance with established design practices. In the course of their activities, the Area Engineers must work with their partners (STAs and local agencies) to ensure that accessibility features such as curb ramps, truncated domes, and barrier-free sidewalks/trails meeting ADAAG standards are incorporated into transportation projects. For Federal-aid highway projects that involve alterations to existing roadways, existing pedestrian facilities within project limits must be reviewed to determine whether they meet criteria (e.g., ADA/504 regulations and accessibility guidelines, FHWA policy, applicable court decisions) to warrant improvements to meet ADAAG standards at the same time as the original project activity, if alterations to an existing facility are taking place. In other words, when resurfacing of a street alters the usability of the street as per FHWA policy, curb ramps within projects limits of the alteration project must be improved to the maximum extent feasible to meet ADAAG standards (including detectable warnings) at the same time that the project occurs. The divisions shall not approve Federal funding for projects that do not adequately provide pedestrian access for persons with disabilities where the project scope and limits include pedestrian facilities in the public right-of-way. In addition, Area Engineers (and their State/local counterparts) must ensure during routine project inspections that pedestrian access is maintained (as appropriate) during construction in accordance with the provisions of Chapter 6D of the Manual on Uniform Traffic Control Devices (MUTCD). Reviewers of traffic control plans must ensure that adequate provisions are made within work zones for persons with disabilities with regard to accessibility in the public right-of-way. See: 28 CFR Part 35; 23 CFR 652; “Design Guidance: Accommodating Bicycle and Pedestrian Travel: A Recommended Approach, A USDOT Policy Statement on Integrating Bicycling and Walking into Transportation Infrastructure”; SAFETEA-LU.

FHWA’s Oversight Role in Accessibility – General Overview

In February 2000, the FHWA issued a policy providing technical guidance to integrate facilities for pedestrians, including persons with disabilities, into the transportation infrastructure. The guidance can be found at www.fhwa.dot.gov/environment/bikeped/design.htm#d4. The ADA and Section 504 do not require public agencies to provide pedestrian facilities. However, where pedestrian facilities exist they must be accessible. Furthermore, when public agencies construct improvements providing access for pedestrians, the completed project also must meet accessibility requirements for persons with disabilities to the maximum extent feasible.

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ADA/504 Chapter 1

CONSIDERATIONS

Accessibility Design Criteria for

Sidewalks, Street Crossings, and Trails Sidewalks and Street Crossings Where sidewalks are provided, public agencies shall provide pedestrian access features such as continuous, unobstructed sidewalks, and curb cuts with detectable warnings at highway and street crossings. 28 CFR 35.15 l(c), referencing 28 CFR Part 36, App. A, ADA Accessibility Guidelines (ADAAG). The FHWA encourages the use of ADAAG standards. If pedestrian signals are provided, they must have a reasonable and consistent plan to be accessible to persons with visual disabilities. Sidewalks and street crossings generally should use the guidelines the Access Board is proposing for public rights-of-way. The FHWA distributed an information memorandum on November 20, 2001, stating that Designing Sidewalks and Trails, Part II, Best Practices Design Guide can be used to design and construct accessible pedestrian facilities. This report provides information on how to implement the requirements of Title II of the ADA. Designing Sidewalks and Trails for Access is the most comprehensive report available for designing sidewalks and street crossings and contains compatible information on providing accessibility with information published by the Access Board in the ADAAG. This report can be found at www.fhwa.dot.gov/environment/sidewalk2. When the Access Board completes guidelines for public rights-of-way and they are adopted by the United States Department of Transportation and DOJ as standards under the ADA and Section 504, they will supersede the currently used standards and criteria. When Federal-aid highway program funds are used for parking facilities, or buildings such as transit facilities, rest areas, information centers, transportation museums, historic preserva-tion projects, or other projects where pedestrians are expected, the project must meet the current applicable accessibility standards, whether or not the project is within the public right-of-way. FHWA Responsibilities The FHWA is responsible for ensuring public agencies meet the requirements of the ADA and Section 504 for pedestrian access for persons with disabilities. Under DOJ regulations, FHWA divisions must work with their STAs, MPOs, and local public agencies to ensure ADA and Section 504 requirements are incorporated in all program activities for all projects within the public right-of-way regardless of funding source. Program activities include project planning, design, construction, and maintenance. Furthermore, FHWA is responsible for ensuring accessibility requirements for projects that are not within public right-of-way, but use funding through FHWA. This includes parking areas, information centers, buildings, shared use paths, and trails. Divisions have a legal responsibility to work with State agencies or other recipients to ensure ADA and Section 504 requirements are incorporated into all projects using funding through FHWA. For all projects that use Fed-eral funds as part of the financing arrangements, the division offices need to periodically:

• Review those projects, where they have oversight responsibilities, for accommodation of pedestrians. The divisions shall not approve Federal funding for projects that do not adequately provide pedestrian access for persons with disabilities where the project scope and limits include pedestrian facilities in the public right-of-way.

• Review the Stewardship Agreement to ensure pedestrian accessibility requirements are included, as

appropriate.

• Review the State DOT, MPO, and/or local jurisdiction processes, procedures, guidelines, and/or policies that address ADA in transportation planning and programming processes and how accessibility commitments are addressed in transportation investment decisions.

• Assist transportation agencies in updating their transition plans. The United States Department of Transportation Section 504 regulation requires FHWA to monitor the compliance of the self-evaluation and transition plan of Federal-aid recipients (49 CFR 27.11). The ADA deadline for completing the

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accessibility improvements within the transition plan was in 1995. For those State and local govern-ments that have not performed the self-evaluation and prepared a plan, it is critical that they complete the process.

• Encourage and facilitate training for FHWA personnel on accessible pedestrian features.

• Ensure pedestrian accessibility compliance through periodic program reviews of recipients' highway planning, design, and construction activities.

In addition, the Federal Lands Highway Divisions should ensure that each direct Federal construction project fulfills both policy guidance on pedestrian access and meets the minimum ADA and Section 504 accessibility requirements. For all highway, street and trail facilities, regardless of whether Federal funds are involved, the division offices need to:

• Perform onsite review of complaints about accessibility and report the findings of the review to the FHWA Headquarters Office of Civil Rights.

• Make presentations and offer training on pedestrian accessibility at meetings, conferences, etc.

• In contacts with State and local officials, encourage them to develop procedures for incorporating pedestrian accessibility into their projects.

Planning Title 23 requires that long-range transportation plans and transportation improvement programs, in both statewide and metropolitan planning processes, provide for the development and integrated management and operation of accessible transportation systems and facilities. Additionally, STAs and Metropolitan Planning Organizations (MPOs) must certify (at least biennially for STAs and annually for MPOs) that the transportation planning process is being carried out or conducted in accordance with all FHWA, Federal Transit Administration and other applicable Federal statutory and regulatory requirements [see 23 CFR 450.220 and 23 CFR 450.334, respectively]. Further, 23 CFR 450.316(b)(3) requires the metropolitan planning process to identify actions necessary to comply with the ADA and Section 504. Transition Plans The ADA and Section 504 require State and local governments with 50 or more employees to perform a self-evaluation of their current services, policies, and practices that do not or may not meet ADA requirements. The public agency must develop a transition plan addressing these deficiencies. This plan assesses the needs of persons with disabilities, and then schedules the required pedestrian accessibility upgrades. The transition plan is to be updated periodically, with its needs reflected in the processes utilized by STAs, MPOs, and transit agencies to develop the Statewide Transportation Improvement Programs and metropolitan Transportation Improvement Programs. Projects Public agencies should work to meet accessibility requirements throughout the project delivery process. Issues surrounding pedestrian accessibility should be addressed at the earliest stage possible to reduce or prevent con-flicts with other right-of-way, planning, environmental, and design considerations. This could include the acquisi-tion of right-of-way and use of special plan details for specific locations to remove barriers. Projects requiring pedestrian accessibility include projects for new construction and projects altering existing street and highway facilities.

New Construction All projects for new construction that provide pedestrian facilities must incorporate accessible pedestrian features to the extent technically feasible, without regard to cost. The development process should ensure accessibility requirements are incorporated in the project. Alterations Alterations shall incorporate accessibility improvements to existing pedestrian facilities to the extent that those improvements are in the scope of the project and are technically feasible, without regard to cost. Projects alter-ing the usability of the roadway must incorporate accessible pedestrian improvements at the same time as the alterations to the roadway occur. See Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert, denied, 511 U.S.C. 1033 (1994). Alterations are changes to a facility in the public right-of-way that affect or could affect access, circulation, or use by persons with disabilities. The FHWA has determined that alterations are projects that could affect the structure, grade, function, and use of the roadway. Alteration projects include reconstruction, major rehabilitation, structural resurfacing, widening, signal installation, pedestrian signal installation, and projects of similar scale and effect. Maintenance Maintenance activities are not considered alterations. Therefore, maintenance projects do not require simultane-ous improvements to pedestrian accessibility under the ADA and Section 504. The U.S. Department of Justice (DOJ) and the courts consider maintenance activities to include filling potholes. The FHWA has determined that maintenance activities include actions that are intended to preserve the system, retard future deterioration, and maintain the functional condition of the roadway without increasing the structural capacity. Maintenance activities include, but are not limited to, thin surface overlays (nonstructural), joint repair, pavement patching (filling potholes), shoulder repair, signing, striping, minor signal upgrades, and repairs to drainage systems. As part of maintenance operations, public agencies' standards and practices must ensure that the day-to-day operations keep the path of travel open and usable for persons with disabilities, throughout the year. This in-cludes snow and debris removal, maintenance of pedestrian traffic in work zones, and correction of other disruptions. Identified accessibility needs should be noted and incorporated into the transition plan. Accessibility Design Criteria for Sidewalks, Street Crossings, and Trails Sidewalks and Street Crossings shall be followed, where sidewalks are provided. Public agencies shall provide pedestrian access features such as con-tinuous, unobstructed sidewalks, and curb cuts with detectable warnings at highway and street crossings. 28 CFR 35.151(c), referencing 28 CFR Part 36, App. A, ADA Accessibility Guidelines (ADAAG). The FHWA encourages the use of ADAAG standards. If pedestrian signals are provided, they must have a reasonable and consistent plan to be accessible to persons with visual disabilities. Sidewalks and street crossings generally should use the guidelines the Access Board is proposing for public rights-of-way. The FHWA distributed an information memorandum on November 20, 2001, stating that Designing Sidewalks and Trails, Part II, Best Practices Design Guide can be used to design and construct accessible pe-destrian facilities. This report provides information on how to implement the requirements of Title II of the ADA. Designing Sidewalks and Trails for Access is the most comprehensive report available for designing sidewalks and street crossings and contains compatible information on providing accessibility with information published by the Access Board in the ADAAG. This report can be found at www.fhwa.dot.gov/environment/sidewalk2. When the Access Board completes guidelines for public rights-of-way and they are adopted by the United States Department of Transportation and Department of Justice as standards under the ADA and Section 504, they will supersede the currently used standards and criteria. When Federal-aid highway program funds are used for parking facilities, or buildings such as transit facilities, rest areas, information centers, transportation museums, historic preservation projects, or other projects where pedestrians are expected, the project must meet the current applicable accessibility standards, whether or not the project is within the public right-of-way. The ADAAG includes special provisions for building alterations and for historic preservation projects.

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Shared Use Paths and Trails The design standards for shared use paths and trails are specific to the function of the path or trail:

• Shared use paths and pedestrian trails that function as sidewalks shall meet the same requirements as sidewalks. Where shared use paths and pedestrian trails cross highways or streets, the crossing also shall meet the same requirements as street crossings, including the provision of detectable warnings.

• Shared use paths and pedestrian trails that function as trails should meet the accessibility guidelines

proposed in the Access Board's Regulatory Negotiation Committee on Accessibility for Outdoor Devel-oped Areas Final Report found at www.accessboard.gov/outdoor/outdoor-rec-rpt.httn. This report also has guidelines for Outdoor Recreation Access Routes (routes connecting accessible elements within a picnic area, camping area, or a designated trailhead).

• Recreational trails primarily designed and constructed for use by equestrians, mountain bicyclists, snow-

mobile users, or off-highway vehicle users, are exempt from accessibility requirements. Technical Feasibility and Cost When constructing a new transportation facility or altering an existing transportation facility, a public agency should consider what is included within the scope of the project. For elements that are within the scope of the project, the ADAAG provides that "Any features of a... Facility that are being altered and can be made accessi-ble shall be made accessible [i.e., made to conform with ADAAG] within the scope of the alteration." ADAAG 4.1.6(j). The only exception to this rule is where conformity with ADAAG is "technically infeasible," meaning that "existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame [e.g., in the case of a highway project, a bridge support]; or because other existing physical or site constraints prohibit modification of additional elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide ac-cessibility." ADAAG 4.1.6(j). Where making an alteration that meets accessibility requirements is technically infeasible, the public agency must ensure that the alteration provides accessibility to the "maximum extent feasible." If a public agency believes that full ADAAG compliance is technically infeasible, the public agency should document that the proposed solution to the problem meets the "maximum extent feasible" test. With respect to any element of an alteration that is within the scope of the project and is not technically infeasible, DOJ guidance provides that under ADAAG standards "cost is not a factor." DOJ Technical Assistance Manual for Title II of the ADA, 11-6.3100(4). Consequently, if the accessibility improvement is technically feasible, the public agency must bear the cost of fully meeting ADAAG standards. However, cost may be a factor in determining whether to undertake a stand-alone accessibility improvement identified in a transition plan. For example, if an existing highway, not scheduled for an alteration, is listed in the public agency's transition plan as needing curb cuts, the public agency may consider costs that are "unduly burdensome." The test for being unduly burdensome is the proportion of the cost for accessibility improvements compared to the agency's overall budget, not simply the project cost. If the project alters any aspect of the pedestrian route, it must be replaced with accessible facilities. Additional work outside of the scope and limits of the project altering a facility is at the discretion of the agency. However, any features not conforming to ADA requirements outside the project scope should be added to the transition plan.

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IV. PROGRAM OVERSIGHT Listed below are actions that FHWA performs that relate to ADA/504 compliance, oversight and program admini-stration. They constitute STA and sub-recipient programs, services and activities. These activities are performed by staff located in the Federal-aid Division Office, with support from the Resource Center and Headquarters, as needed. These actions are:

• Approval of the State’s/Metropolitan Planning Organizations’ transportation planning processes. The transportation planning process is carried out with the active and on-going involvement of the public, affected public agencies, and transportation providers. It is important that the planning process provide for integrated and accessible pedestrian networks that mesh seamlessly with other transportation modes. Bicycle facilities and pedestrian walkways shall be considered, where appropri-ate, in conjunction with all new construction and reconstruction of transportation facilities except where bicycle use and walking are not permitted (based upon the factors required by 23 USC 217). Trans-portation plans and projects must consider safety and contiguous routes for bicyclists and pedestrians, including persons with disabilities. Curb cuts, detectable warnings, and accessible sidewalks must be provided in pedestrian facilities to meet ADAAG standards. The public entities must have a reasonable and consistent policy for other accessible pedestrian facilities, such as ac-cessible pedestrian signals, that provide pedestrian access for persons with disabilities. See: 3 USC Section 217(g); 23 CFR §§ 450.220, 450.316(b), 450.334; 652.5 & 652.11; “Design Guidance: Accommodating Bicycle and Pedestrian Travel: A Recommended Approach, A US DOT Policy Statement Integrating Bicycle and Walking into Transportation Infrastructure” (http://www.fhwa.dot.gov/environment/bikeped/design.htm#d4)

• The Transportation Enhancement (TE) Program, a subcomponent of the Surface Transportation Pro-gram, provides innovative opportunities to enhance and contribute to the transportation system of local communities. Ten percent (10%) of a State’s STP funds is required to be set aside for TE activities. Qualified TE activities include pedestrian and bicycle facilities. In addition, TE funds may be used for workforce development, training and education provided the activity specifically benefits eligible TE activities. Projects that provide/improve access for persons with disabilities (i.e., sidewalks, curb ramps, etc.) are considered eligible TE activities. The TE program guidance states that the Division offices should strongly encourage the State and Metropolitan Planning Organizations to seek out and fully integrate TE activities into both their plan development and programming processes. Accord-ingly, the Division offices should promote and encourage the use of TE program funding for local projects that improve the accessibility for persons with disabilities (such as sidewalks, curb ramps, detectable warnings, accessible restroom facilities at rest areas, etc.). See: SAFETEA-LU Section 1113(c); 23 USC 104(b)(3); 23 USC 133(d)(2): HIPA-10 memo dated November 30, 2005, “Surface Transportation Program (STP) Section 1113 of SAFETEA-LU Implementing Guidance.”

• Surface Transportation Workforce Development, Training and Education – SAFETEA-LU provides that States may obligate a portion of Surface Transportation Program funds apportioned to the States for training and educational activities tuition and direct educational expenses (excluding salaries) in connection with the education and training of employees of State and local transportation agencies; employee professional development; student internships; university or community college support; and education activities, including outreach, to develop interest and promote participation in surface trans-portation careers. FHWA training such as the “Designing Accessible Pedestrian Facilities” work-shop could be considered an eligible expense under this program, which will help State and

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Local transportation agency staff gain knowledge of ADA/504 laws, regulations, accessibility guidelines and best practices in accessible pedestrian design for practical application. See: SAFETEA-LU Section 5204(e)…23 USC 504(e); 23 USC 101(a)(35) HPC-1 memo dated January 11, 2006 “SAFETEA-LU Implementation Section 5204(e) State Core Program Funds for Workforce Devel-opment”).

• Recreational Trails Program (RTP) – The Recreational Trails Program (RTP) is a Federal-aid

assistance program to help States provide and maintain recreational trails for both motorized and non-motorized recreational trail use. The FHWA has developed an RTP Guidance document, which provides States with FHWA’s interpretation of how to implement the Federal statute. This guidance document contains a section entitled, “Accessibility Guidance for Bicycle and Pedestrian Facilities, Recreational Trails, Scenic Byways, and Transportation Enhancements,” which will assist States in their efforts to ensure access to trails for persons with disabilities (to the extent feasible). RTP Coordinators in the Division office must ensure that recipients of RTP funds are fully aware of their responsibilities to provide accessibility (as appropriate) in their trails programs/projects, and that project approvals/acceptance considers the recipient’s efforts to provide barrier free access. See: SAFETEA-LU Section 1109; 23 USC 104(h); 23 USC 206; FHWA Recreational Trails Program Guidance.

• Approval of State Design Standards - Individuals responsible for review and approval of State Design Standards (such as FHWA Design Engineers) must not only be knowledgeable of concepts for geometric design of highways, but must also understand universal design requirements that address the needs of persons with disabilities. The reviewer and/or approving authority must ensure that the State’s Design Standards incorporate accessibility features, where applicable (in compliance with applicable ADA standards of the ADAAG, UFAS1, AASHTO Green Book, and MUTCD) and only grant approval for those design standards that meet or exceed accessibility requirements. Design reviews undertaken by the Division should include a component for assessing accessibility. As part of this assessment, FHWA encourages coordination not only with appropriate external partners, but also with internal technical specialists such as the Civil Rights Specialists, Bicycle-Pedestrian Coordinators, and Recreational Trails Program Coordinators (as appropriate) for their feedback on accessibility features. References: 23 USC Section 109; 23 CFR Part 625; 23 CFR Part 652.5 and 652.13; AASHTO “Guide for Development of Bicycle Facilities”; “Design Guidance: Accommodating Bicycle and Pedestrian Travel: A Recommended Approach, A USDOT Policy Statement on Integrating Bicycling and Walking into Transportation Infrastructure.”

• Approval of State’s Right-of-Way Procedures/Certification – Individuals responsible for review and ap-proval of the State Right-of-Way procedures/certification must ensure the State’s compliance with the Uniform Relocation Assistance & Real Property Acquisition Policies Act of 1970 (Uniform Act). The USDOT/FHWA regulations implementing the Uniform Act specify that State and local right-of-way regulations must comply with other laws and regulations, including the ADA and including both the ADA and Section 504. For example, when an STA provides a replacement dwelling: in addition to being decent, safe and sanitary for a displaced person with disabilities, the State or locality must en-sure that the dwelling is free of any barriers that would preclude reasonable ingress, egress, or use of the dwelling by a person with disabilities.

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1 Section 504 recipients have the choice between using ADAAG or UFAS in new construction or alterations, but UFAS will no longer be used once the revised ADAAG (also known as the ADA/ABAAG) have been adopted by USDOJ and USDOT.

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• Approval of Environmental Processes/Documents under NEPA – Individuals responsible for review and approval of environmental processes/documents must ensure, among other things, that because of disability, no person is excluded from participating in, or denied the benefits of, or subjected to dis-crimination under any program or procedural activity required by or developed pursuant to the environ-mental regulations. Examples of specific areas of the NEPA process where accessibility issues may arise are (1) during the public outreach/involvement process ensuring that meetings are held in facili-ties that accommodate the needs of persons with disabilities and sign language interpreters are pro-vided, as requested; and (2) review of alternatives, considering project impacts that have the potential to adversely affect persons with disabilities or businesses that serve persons with disabilities (i.e., pe-destrian facilities, parking, relocation/replacement housing) along with appropriate mitigation. These issues should be identified in the Relocation/Social/Affected Environment section of the NEPA docu-ment.

• Civil Rights Program Oversight – Achievement of a fully accessible transportation system requires a multi-disciplinary approach. The Civil Rights Specialists and other FHWA Division staff tasked with civil rights duties are expected to be fully knowledgeable of civil rights laws such as Section 504 and the ADA, and how these laws interface with our overall transportation decisions. Civil Rights Special-ists must work in partnership with other Division technical specialists, Division Office management, Headquarters/Resource Center staff and recipients/sub-recipients to ensure that (1) the civil rights disability laws are applied to all programs areas, as appropriate; (2) FHWA recipients/sub-recipients are informed of their responsibilities to provide accessibility to their programs (i.e., public rights-of-way) and activities; (3) recipients/sub-recipients apply appropriate accessibility standards to all trans-portation facilities; and (4) complaints filed under Section 504 or the ADA are processed in accordance with established complaint procedures. (Note: The Civil Rights Specialists are the designated officials for complaint intake and processing in accordance with agency policies/procedures.) Likewise, FHWA Division Technical specialists (engineers, planners, environmental specialists, right-of-way officers), must keep Civil Rights Specialists apprised of any developments in their oversight activities that involve ADA/504 compliance issues. As part of the FHWA’s oversight responsibilities, the Civil Rights Specialist should periodically conduct program management/process reviews of the recipients’/sub-recipients’ policies and practices associated with implementing the requirements of Section 504 and the ADA. These reviews should include review of assurances non-discrimination, designation of ADA coordinator, self-evaluation, transition plan and progress toward achieving program accessibility, monitoring/enforcement, complaint/grievance procedures, new construction/alterations activities, and maintenance of accessible facilities. The Civil Rights Specialist shall seek the cooperation of the STAs in securing compliance with the Section 504/ADA requirements and provide assistance and guidance, as necessary. FHWA divisions should also review the Stewardship Agreements they have wit their parents to ensure pedestrian accessibility requirements are included, as appropriate, as well as STA, MPO, and/or local jurisdiction planning and programming processes and how accessibility commitments are addressed in transportation investment decisions.

• In instances of noncompliance, the Civil Rights Specialist (in collaboration with other Division

specialists, as appropriate) shall make every attempt to resolve issues through informal means. If there is a failure to comply, the Civil Rights Specialist may recommend to the Division Administrator withholding of Federal funds and/or review by the U.S. Department of Justice for appropriate action.

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V. Complaint Investigation and Resolution

The third method of ensuring that all FHWA recipients and public entities comply with ADA and 504, including STAs, is through the investigation and resolution of ADA/504 complaints. FHWA has the authority under Title II ADA at subpart G and 28 CFR § 35.170 and Section 504 at 49 CFR § 27.123 to receive complaints against its recipients and public entities that have responsibility or road, highways and pedestrian facilities. These regula-tions have specific procedure with respect to processing, investigation, resolution and enforcement. Any person who believes that he or she or any specific class of persons has been subjected to discrimination or retaliation prohibited on the basis of disability under Title II ADA or Section 504 may file a written complaint with FHWA. The complaint may be filed by the affected individual or a representative of that individual. While complaints may be submitted to FHWA directly, it is not unusual for ADA/504 complaints that are processed by FHWA to be initially received by the United States Department of Transportation’s (USDOT’s) Departmental Office of Civil Rights, the U.S. Department of Justice (USDOJ), and even the complainant’s U.S. Senator or Congressperson. A complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the designated agency for good cause shown. It is important to note that a complaint may be filed with any agency that provides funding to the recipient, sub-recipient or public entity that is the subject of the complaint. (FHWA or STA). FHWA Title II ADA/Section 504 Complaint Procedures and Process Listed below are procedures developed by the FHWA Office of Civil Rights for processing ADA/504 complaints, whether the complaint is against a STA or a sub-recipient of the STA. These procedures cover those complaints received by FHWA and not the STA. Complaints received by the STA are processed according to their ADA/504 grievance procedures in accordance with the Title II regulation at 28 CFR § 35.107(b) and the Section 504 regu-lation at 49 CFR § 27.13(b). See Chapter 2, Section III - ADA Program: Minimum Requirements of the Desk Reference for greater details on STA grievance procedures.

1. All ADA/504 complaints will be investigated by the Division Office or the State Transportation Agency

(STA). 2. If the Division Office receives an ADA/504 complaint directly it will forward a copy to the Office of

Civil Rights for a complaint number and entry into the U.S. Department of Transportation’s tracking system.

3. If the complaint is against the STA, the Division Office will conduct the investigation and forward the

investigative report to the Office of Civil Rights for final review and issuance of the Letter of Finding.

4. If the ADA/504 complaint is against a local entity, the Division Office has the option of allowing the STA to conduct the investigation. Upon completion of an investigation by the STA, the STA will for-ward the file and the investigative report to the Division Office where it will be reviewed for complete-ness before the Division Office forwards the file to the Office of Civil Rights for final review and issuance of the Letter of Finding.

5. If the STA does not wish to investigate the ADA/504 complaint, then the Division Office will conduct

the investigation.

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6. The FHWA Office of Civil Rights will issue the Letter of Finding to the complainant and issue a decision memorandum to the Division Office.

7. The decision memorandum to the Division Office will state whether there is a finding of compliance or non-compliance.

8. If there is a finding of non-compliance the Office of Civil Rights will provide instructions to the Division Office regarding implementation of the required corrective action.

9. Whenever corrective action is required, the Division Office will send a letter to the STA or local entity stating what corrective action is necessary with the designated time frames for completion of the action.

10. The Division Office will provide periodic updates on the status of the corrective action to the Office of Civil Rights.

11. All ADA/504 complaints will remain open until all corrective action is completed.

As stated above, all ADA/504 complaints investigated by FHWA or the STA received by FHWA must originate with FHWA’s Office of Civil Rights. All complaints received by the Resource Center or the Division Offices will be forwarded to the Director, Investigations and Adjudication (the Director) for appropriate action. The Director will determine the matters accepted for investigation. The Director will also determine whether the complaint will be reviewed or investigated by the FHWA Office of Civil Rights, Resource Center Civil Rights staff, or a team involving Division Office and Resource Center personnel. The Investigations and Adjudication Team will acknowledge receipt of all complaints received in FHWA Office of Civil Rights within 10 days of receipt. The allegation(s) will be analyzed and the complainant(s) notified of those issues and allegations accepted for investigation. The Director will also determine jurisdiction and whether there is the need for additional informa-tion. Acceptance of a complaint will be determined by: (1) whether the complaint is timely filed (complaints must be filed within 180 days of the most recent act of alleged discrimination or the complainants must state that the discrimination is ongoing); (2) whether the complainant(s) allegations fall under the covered basis of disability; and, (3) whether the allegations involve a program or activity of a Federal-aid recipient, sub-recipient, or contractor; or, in the case of ADA allegations, a public entity. If the complaint meets these criteria, it will be accepted for investigation. If the complaint is not accepted by the FHWA Office of Civil Rights for investigation, it is for one or more of the following reasons:

1. The complaint is untimely filed;

2. The complaint does not allege a basis covered by the statutes for which FHWA Headquarters Office of Civil Rights is responsible;

3. The complaint does not allege any harm with regard to covered programs or statutes;

4. The complainant requests the withdrawal of the complaint;

6. The complainant fails to respond to repeated requests for additional information needed to process the complaint; the complainant cannot be located after reasonable attempts;

7. The complainant fails to accept a reasonable resolution. Reasonableness to be determined by the HCR;

8. The complainant has filed a legal action in Federal District Court with the same basis(es) and issue(s) involved in the complaint; or

9. The same complaint allegations have been filed with another Federal, State or local agency.

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When the complaint is received by the FHWA staff person performing the investigation, the complainant must be contacted, preferably by phone, to: 1) acknowledge receipt of the complaint by the investigator; 2) confirm that complainant wishes to go forward with the complaint; 3) that there are allegations that need to be investigated and resolved; and 4) to gather additional facts and further clarify the complaint (you may need additional docu-mentation from the complainant not included in the complaint, such as forms, memos, letters and photographs). After the complainant has been contacted, the investigator must develop an Investigative Plan (IP) that outlines the approach to the investigation. Once the IP has been written, the investigator shall prepare the Request for Information (RFI) and cover letter. The RFI is taken directly from the evidence section of the IP. It outlines the documents, records and other information the investigator needs to make an analysis and a compliance determi-nation. The RFI and cover letter are sent to the appropriate recipient/public entity official. The cover letter shall be sent with the RFI and shall provide the following:

1. allegations raised by the complainant;

2. statutory/regulatory authority to investigate (cite ADA and/or 504);

3. the investigator(s) name(s);

4. language explaining prohibition against retaliation for filing of a complaint; and

5. Freedom of Information Act language.

The investigator should also confirm that the public entity identified in the complaint is a recipient or potential recipient of Federal Financial Assistance from FHWA, in order to determine whether FHWA has jurisdiction un-der Section 504 as well as Title II ADA. That information can be obtained in the FHWA Division Office for the State in which the public entity is located, such as project files or through the STA, since the STA makes the de-terminations with respect to which entities such as local governments, contractors, non-profit organizations and other entities received FHWA Federal Financial Assistance. It should be noted that since all STAs and MPOs receive FHWA funds, they fall under the jurisdiction of Title II ADA and Section 504. The investigator will also need to determine if multiple recipients/public entities are involved, as this is particu-larly important in pedestrian facility accessibility complaints, where more than one recipient or public entity is responsible for the construction, operation and maintenance of roads, highways and pedestrian facilities. For example, if a complainant alleges that there are no curb ramps at an intersection on a roadway in his/her town, the local government may have jurisdiction over the roadway and pedestrian right-of-way. However, if the inter-section is a STA owned/operated/maintained roadway and also controls the right-of-way beyond the roadway, the STA may be the recipient/public entity responsible for the ultimate installation of curb ramps and the investi-gator would need to involve the STA, unless the STA can demonstrate that through agreement or other means, that the local government maintains the pedestrian facilities within the STA’s right-of-way. When conducting an ADA/504 complaint, the investigator should request the applicable records that are ger-mane to the complainant(s) allegations. In most cases, the investigator will need to request policies, procedures and processes, as well as records that involve similar situations or individuals. For example, if a complainant alleges that a STA failed to provide her with a sign language interpreter at a public meeting, then the investigator would request the STA’s policies and procedures and processes for the provision of auxiliary aids and for the conduct of public meetings. The investigator would also request information on other individuals who requested auxiliary aids or how requests were handled from those with hearing limitations. In those instances involving fa-cility accessibility, it may be necessary to request maps, blueprints, photographs, and the recipient/public entity’s ADA/504 transition plan. See Chapter 2, Section II Documentation of the Desk Reference for a complete list.

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In the event any person, individually or as an agency or organization representative, fails or refuses to furnish information to an investigator, the investigator shall inform the head of the recipient/public entity that such failure may result in a finding of noncompliance. A finding of noncompliance can result in the imposition of sanctions pursuant to Section 504 at 49 CFR § 27.125 or Title II ADA at Subpart F. The investigator shall indicate in the Investigative Report that the recipient/public entity refused to provide pertinent information, and shall set forth efforts made to obtain the information. The Investigator should also notify the STA’s civil rights office and local aid division of the noncompliance so other enforcement activities can be coordinated effectively. With respect to local aid funds given by STAs to local governments, STAs must be reminded of Title II ADA at 28 CFR 35.130(b)(v) and Section 504 regulations at 49 CFR 27.7 (b)(v), which prohibit STAs from aiding or perpetuating discrimi-nation against a qualified individual with a disability by providing financial or “significant assistance,” including financial assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the STA’s program. All final agency decisions (FADs) and dismissals will be issued by the FHWA Office of Civil Rights, including all ADA decisions. The investigator will forward the investigative report, investigative file, and a recommended decision to the Director, Investigations and Adjudication. The FAD will also have the concurrence of the FHWA Associate Administrator for Civil Rights. It is in the best interest of all parties involved that issues raised in a complaint of discrimination be resolved informally. At each stage of the process the investigator will make every effort to pursue a resolution of the complaint. Initial interviews with the complainant and the respondent will request information regarding specifically requested relief and settlement opportunities. Once the information contained in the RFI is received by the investigator, it must be thoroughly reviewed by the investigator and after that review is completed, an on-site visit and/or interviews of involved individuals must be scheduled. Interviewees include recipient/public entity staff, individuals that the complainant identifies to have first hand only knowledge of the issues in the complaint (or be involved in similar situations), and any other indi-viduals that the investigator identifies that will provide first-hand information. The RFI should also list the names and/or titles of these individuals or if not known at that time, a letter requesting the on-site visit and/or interviews should list that information. With respect to facility accessibility issues, it is crucial that on-site visits be con-ducted and in doing so, it will be necessary to take photographs and/or take measurements of non-compliant facilities in order to determine if they meet applicable accessibility standards. More information on the conduct of FHWA discrimination complaint investigations can be found in the FHWA External Complaint Processing Procedures. In the event the FHWA concludes there is non-compliance with the laws/regulations as alleged, the investigative report will outline the recommendations for corrective action. The respondent will be provided adequate time to comply with the recommendations in accordance with the guidelines in 23 CFR 200.11. In the event the FHWA concludes that the respondent is in compliance with laws/regulations and the complainant disagrees, the complainant may, if dissatisfied, file an action in the appropriate U.S. District Court. Decisions issued by the FHWA are administratively final.

In instances of non-compliance, the Civil Rights Specialist (in collaboration with other Division specialists, as appropriate) shall make every attempt to resolve issues through informal means. If there is a failure to comply, the Civil Rights Specialist may recommend to the Division Administrator withholding of Federal funds and/or review by the U.S. Department of Justice for appropriate action.

References: 1. FHWA External Complaint Procedures Manual 2002

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VI. Program and Facility Accessibility (Buildings, Multi-Modal Transportation Facilities and Other Facilities)

This section of the Desk Reference discusses the Title II ADA/Section 504 requirements with respect to providing accessible programs and services through providing accessible facilities. More specifically, this section discusses these requirements as they pertain to recipient/pubic entity buildings and facilities other than pedestrian rights-of-way facilities. However, most of the requirements and concepts used to achieve program/facility accessibility are also applicable for building accessible pedestrian facilities, which is discussed in greater detail in VII. Accessibility of Pedestrian Rights-of-Way. Program Accessibility Title II ADA provides that a public entity may not deny the benefits of its programs, activities, and services to individuals with disabilities because its facilities are inaccessible. A public entity's services, programs, or activities, when viewed in their entirety, must be readily accessible to and usable by individuals with disabilities. This standard, known as "program accessibility," applies to all existing facilities of a public entity. Public entities, however, are not necessarily required to make each of their existing facilities accessible. 28 CFR § 35.149 and 218 CFR § 35.150(a). Recipients and public entities may achieve program accessibility by a number of methods. In many situations, providing access to facilities through structural methods, such as alteration of existing facili-ties and acquisition or construction of additional facilities, may be the most efficient method of providing program accessibility. The public entity may, however, pursue alternatives to structural changes in order to achieve pro-gram accessibility. Nonstructural methods include acquisition or redesign of equipment, assignment of aides to beneficiaries, and provision of services at alternate accessible sites. For example, when a STA holds a public meeting in an existing building, it must provide ready access to, and use of, the meeting facilities to individuals with disabilities. The STA is not required to make all areas in the building accessible, as long as the meeting room is accessible. Accessible telephones and bathrooms should also be provided where these services are available for use of meeting attendees. It can hold the public meeting in an accessible ground floor location or in another accessible building. An existing facility is one that was already constructed, or for which ground- breaking had begun, prior to Janu-ary 26, 1992, in accordance with Title II of the ADA. Access to programs, services, and activities in existing facili-ties is to be viewed programmatically and access to the actual structures is defined functionally. As long as each identified program, when viewed in its entirety, is accessible, it is not required that all existing facilities, nor every part of an existing facility, be made totally free of physical access barriers. In removing access barriers, both structural and nonstructural methods can be utilized. However, when using nonstructural solutions, the public entity must be certain the result is not segregation of individuals with disabili-ties or compromising their dignity and independence. Programs, services, and activities are to be offered in the most integrated setting possible [28 CFR § 35.150(b)(1) and 34 CFR § 104.22(b)]. If no nonstructural alterna-tives which meet these criteria can be implemented to achieve accessibility, then the entity must provide an accessible facility to the maximum extent feasible. For example, when a STA provides ten rest areas approxi-mately 50 miles apart along an interstate highway, program accessibility requires that an accessible toilet room for each sex with at least one accessible stall, or a unisex bathroom, be provided at each rest area, because the STA’s provision of rest areas are not only the provision of a facility to the motoring public, but is also considered to be a program or service within the meaning of Title II ADA/Section 504.

ADA Chapter 1

CONSIDERATIONS

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Undue Burden Title II of the ADA does not require any action that would result in a "fundamental alteration in the nature of the service, program, or activity" or in "undue financial and administrative burdens." However, any public entity at-tempting to justify non- compliance by referencing these exceptions must assume the burden of proof. All of the entity's resources available for use in the funding and operation of the service, program, or activity, will be con-sidered in any decision relevant to undue burdens. The undue burden/fundamental alteration defense does not relieve public entities of their obligation to ensure that people with disabilities receive the programs, benefits, and services offered by the organization [28 CFR § 35.150(a)(3)]. This determination can only be made by the head of the public entity or his or her designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burdens would result must be based on all resources available for use in the program. If an action would result in such an alteration or such burdens, the public entity must take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that individuals with disabilities receive the benefits and services of the program or activity. Accordingly, STAs should develop written policies, procedures for making undue burden analyses and determinations. Undue Burden - Historic Properties Title II ADA also provides that a public entity is not required to take any action that would threaten or destroy the historic significance of an historic property. In cases where physical access cannot be provided because of either this special limitation, or because an undue financial burden or fundamental alteration would result, alternative measures to achieve program accessibility must be undertaken. Special program accessibility requirements and limitations apply to historic preservation programs. Historic preservation programs are pro-grams conducted by a public entity that have preservation of historic properties as a primary purpose. A historic property is a property that is listed or eligible for listing in the National Register of Historic Places or a property designated as historic under State or local law. In achieving program accessibility in historic preservation programs, a public entity must give priority to methods that provide physical access to individuals with disabilities. Physical access is particularly important in an historic preservation program, because a primary benefit of the program is the unique experience of the historic property itself. For example, installing an elevator in an historic house museum to provide access to the second floor bedrooms would destroy architectural features of historic significance on the first floor. Providing an audio-visual display of the contents of the upstairs rooms in an accessible location on the first floor would be an alternative way of achieving program accessibility. Undue Burden Analysis What is an undue burden? It is an administrative burden, or an economic burden, in light of all resources avail-able. For example, if a city faces a cost of $1,100,000 for transition plan structural change projects, when com-pared to the city’s $500,000 annual capital budget, and if the city is subject to a property tax cap and future re-ductions in State or Federal aid for non-transportation programs that could require offsets from a general operat-ing fund, this situation may indeed be an economic burden because it cannot be met without a substantial ad-verse impact on other agency operations. In the case of a transition plan, the recipient/public entity can extend the time of a transition plan to install curb ramps. The dollar amounts used above are provided only as examples. There is no hard and fast ratio, as each undue burden decision is individualized and based upon cost, resources available, benefit, and other considerations. An undue burden can also be a change which would result in a fundamental alteration in the nature of a pro-gram, service or activity. For example, a STA that also provides drivers licenses may not provide blind individu-als with drivers licenses because vision is a crucial component of driving safety and ability, and to provide blind individuals with the ability to drive may fundamentally alter the program of drivers licensing services. One constant remains, however. The ADA regulations REQUIRE a writing signed by the "head" of the agency whenever an undue burden is determined [28 CFR § 35.150(a)(3)]. The intention of this paragraph is that the determination must be made by a high level official, no lower than a Department head, having budgetary

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authority and responsibility for making spending decisions. However there is no requirement to submit this document to FHWA or any other Federal agency (FHWA can request the document as part of its oversight responsibilities). As with the development of self-evaluations and transition plans a recipient/public entity is not relieved of its obligation to make its programs accessible if no individual with a disability is known to live in the recipient’s/public entity’s jurisdiction or serving area and the absence of individuals with disabilities living in an area cannot be used as the test of whether programs and activities must be accessible. Technical Infeasibility ADAAG contains a provision relating to "technical infeasibility," applicable only in alterations of existing buildings and facilities. Technical Infeasibility means, with respect to an alteration of an existing building or a facility, that it has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features that are in full and strict compliance with the minimum requirements for new construction and that are necessary to provide accessibility. If compliance with the ADA is technically infeasible, the alteration shall provide accessibility to the maximum extent feasible. Any elements or features of the building or facility that are being altered and can be made accessible shall be made accessible within the scope of the alteration. Under Title II, this is done by the public entity on a project-by-project basis. The public entity must substantiate why it is technically infeasible and document that decision. The public entity must then make the building/facility accessible to the maximum extent feasible. Facility Accessibility (Buildings, Multi-Modal Transportation Facilities and Other Facilities) With respect to ADA/504 compliance and oversight, FHWA is best-known for its ensuring access for pedestrian right-of-way facilities such as curb ramps and sidewalks. However, FHWA also has a responsibility to ensure that the buildings and non-pedestrian facilities that are constructed, altered, and maintained by FHWA recipi-ents and public entities, such as STAs, are accessible. Buildings for which FHWA has oversight responsibility would include STA buildings (headquarters, district offices) and highway rest areas or other buildings and facilities constructed with FHWA funds. These facilities include but are not limited to the following that are constructed with FHWA funds: • Bus Stops • Ferry Boats and Ferry-boat terminals • Commuter “Park and Ride” lots • Rest Areas Title II ADA requires that all facilities designed, constructed, or altered by, on behalf of, or for the use of a public entity must be readily accessible and usable by individuals with disabilities, if the construction or alteration was begun after January 26, 1992 [28 CFR § 35.151]. Section 504 requires that a new or altered facility (or the part that is new or altered) be readily accessible to and usable by individuals with disabilities [49 CFR § 27.19(a)]. According to USDOJ, the term “"readily accessible and usable" means that the facility must be designed, con-structed, or altered in strict compliance with a design standard. The new construction and alterations require-ments focus on providing physical access to buildings and facilities rather than on providing access to programs and services. There is no fundamental alteration or undue burden limitation on the new construction and alterations requirements. The Americans with Disabilities Act Accessibility Guidelines and the Uniform Federal Accessibility Standard There are currently two architectural accessibility standards that recipients and public entities can use to achieve facility accessibility: The ADA Accessibility Guidelines (ADAAG) also known as The Standards for Accessible Design) or the Uniform Federal Accessibility Standard (UFAS) are the architectural standards to be applied in making new and altered facilities accessible. Both Title II ADA and Section 504 provide that public entities and recipients of Federal funds shall design, construct or alter a building, or other fixed facilities shall be in conformance with either ADAAG or UFAS. All structural changes must conform fully to the chosen accessi-bility standard for new construction and alterations. Structural changes must address the needs of a variety of

disabilities, not only mobility impairments; the full range of disabilities is to be considered when planning for compliance. Under Title II of the ADA, any needed structural changes were to have been made as soon as possible, but no later than January 26, 1995 [28 CFR § 35.150(c)].

Currently, recipients and public entities may choose from two design standards for new construction and alterations. They can choose either the Uniform Federal Accessibility Standards (UFAS) or the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG), If ADAAG is chosen, however, public entities are not entitled to the elevator exemption (which permits certain buildings under three stories or under 3,000 square feet per floor to be constructed without an elevator). On July 23, 2004, the Access Board published a final rule adopting revised accessibility guidelines to implement the ADA and the Architectural Barriers Act (ABA) in the Federal Register. 69 Fed. Reg.44083. While commonly referred to as the “new ADAAG” or the “updated ADAAG,” it is officially called the ADA/ABA Accessibility Guide-lines. The Access Board's guidelines have no legal effect on the public until U.S.DOT and U.S.DOJ have com-pleted their rule making process Each of these standard-setting agencies is required to publish enforceable regulations that include design standards consistent with the Access Board's guidelines. Until that time, recipi-ents and public entities must use the current ADAAG or UFAS. Once U.S.DOJ and U.S.DOT have adopted the ABA/ADA Accessibility Guidelines, these guidelines will be the only applicable Federal accessibility standard and UFAS will no longer be used. A primary difficulty for recipients and public entities in choosing between the two standards is that there are a number of differences between the standards. In some areas, UFAS may appear to be more stringent. In other areas ADAAG may appear to be more stringent. Because of the many differences, one standard is not stricter than the other. For example, with respect to alterations ADAAG, the application of standards is not required where it would be "technically infeasible" (i.e., where application of the standards would involve removal of a load-bearing structural member or where existing physical or site restraints prevent compliance), but cost is not a factor in making technical infeasibility determinations. (§4.1.6(1)(j)). On the other hand, UFAS states that the application of standards is not required for alterations where "structurally impracticable," i.e., where removal of a load-bearing structural member is involved or where the result would be an increased cost of 50 percent or more of the value of the element involved (§§4.1.6(3); 3.5 ("structural impracticability"), so cost is a factor. Notwithstanding these differences, each facility or project must follow one standard completely when choosing ADAAG or UFAS for new construction or alterations. In other words, a recipient/public entity cannot follow UFAS for one alteration project and then follow ADAAG for another alteration project in the same building (i.e., a recipient/public entity cannot follow ADAAG on one floor of a new building and then follow UFAS on the next floor. Both floors must be accessible according to ADAAG or UFAS). It should be noted that this also applies to pedestrian right-of-way facilities, discussed in greater detail in the next section. The Access Board is also developing accessibility guidelines for other facilities that require accessibility and once adopted, these guidelines will become part of the ADA/ABA Guidelines. The guidelines that affect FHWA funded facilities are the following:

• Public Rights-of-Way (sidewalks, curb ramps, detectable warnings)

• Outdoor Areas (trails, shared-use paths, picnic areas) • Small Passenger Vessels (vessels that carry less than 150 passengers such as water taxis) • Large Passenger Vessels (150 or more passengers including passenger/vehicle ferry boats)

• Play Areas (Playground equipment provided at rest areas)

With the exception of the Public Right-of-Way Guidelines (which FHWA has stated can be used as a best prac-tice where ADAAG or UFAS does not have similar standards) recipients and public entities should use ADAAG or UFAS for constructing new facilities or altering existing facilities of these types wherever applicable. If there is

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no corresponding standard for a particular type of facility such as those detailed above, then the recipient/public entity must make the facilities accessible to the maximum extent feasible. For example, a STA is designing and constructing a playground for a rest area. Because there are no UFAS or ADAAG standards for playground equipment, the equipment need not comply with any specific design standard (the draft Play Area Guidelines stated above are not final, nor have these guidelines been endorsed for use as a best practice). However, the Title II requirements for equal opportunity and program accessibility with respect to the facility in question may still apply and the technical requirements of the chosen standard should be applied to the extent possible. For example, the STA can provide an accessible route to the playground, some accessible equipment, and an accessible surface for the playground. Another example is the surface materials used for trails, where there is no specific standards or guidance in force on what would constitute an accessible surface. Until the Access Board adopts the Outdoor Areas Acces-sibility Guidelines, newly constructed or altered trails must have a surface that conforms to the ADAAG standard 4.5.1 that the surface be firm, stable and slip-resistant. Equivalent Facilitation Specifically, a recipient/public entity can depart from particular standards where alternatives exist provided they result in substantially equivalent or greater accessibility and usability than those provided in the existing stan-dards. ADAAG contains a specific provision for departure from that standard (§2.2). Although UFAS itself does not contain a statement concerning equivalent facilitation, Section 504 regulations, as well as the Department's Title II regulation (28 CFR 35.151(c)), state that departures are permitted where it is "clearly evident that equiva-lent access" is provided. It should be noted that equivalent facilitation does not constitute a waiver from any ac-cessibility requirement and is not a lesser standard of accessibility. Alternate designs and technologies may be used only where they will provide substantially equivalent or greater access to, and usability of, a vehicle. The Board encourages that, when considering alternative designs and technologies, entities consult with individuals with disabilities and their organizations at the earliest possible stage of the process. The Board is available to provide technical assistance regarding equivalent facilitation. Equivalent facilitation is not an exception or variance from the requirement to provide comparable access. Rather, it is a recognition that technologies may be either developed or used in ways not envisioned by the stan-dards but still result in the same or better functional access as would be provided by strictly meeting the provi-sions in Subpart B. Functional outcome – not form – is the key to evaluating whether a technology results in "substantially equivalent or greater access." In effect, meeting the functional performance criteria in Subpart C of the Board’s standards is the test for equivalent facilitation. For example, an information kiosk which is not accessible to a person who is blind might be made accessible by incorporating a telephone handset connected to a computer that responds to touchtone commands and delivers the same information audibly that is provided on the screen. Title II Program/Facility Accessibility Requirements- Relationship to Title III FHWA has found that there are situations where recipients and public entities utilize the property of Title III entities and vice versa. It is not uncommon for a STA’s program, services and activities, particularly district or regional office or project offices to be located in leased space in office parks and strip malls. STAs who own and operate toll roads may lease their rest/service area facilities to Title III entities such as food service companies or retail fast food restaurants. This has the potential to create confusion for STAs and their Title II partners in determining ADA compliance responsibilities. Since Title II’s primary focus is program accessibility, the primary focus of Title II is also “barrier-free access,” which means that a Title II entity must identify all physical barriers and remove them and make those facilities accessible in accordance with ADAAG. The following is a brief over-view of how these situations are to be addressed. According to the USDOJ’s Title II Technical Assistance Manual, public entities are not subject to Title III of the ADA, which covers only private entities. Conversely, private entities are not subject to Title II. In many situations, however, public entities have a close relationship to private entities that are covered by Title III, with the result that certain activities may be at least indirectly affected by both Titles.

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One example is where STA owns its headquarters building, which is a downtown office building occupied by the STA. The building's first floor, however, is leased to a restaurant, a newsstand, and a travel agency. The STA, as a public entity and landlord of the office building, is subject to Title II. As a public entity, it is not subject to Title III, even though its tenants are public accommodations that are covered by Title III. Similarly, if the STA leases space for its programs, services and operations owned by a private entity covered by Title III, the private entity does not become subject to the public entity's Title II program access requirement by virtue of the leasing rela-tionship. The private entity only has Title III obligations. These extend to the commercial facility as a whole and to any places of public accommodation contained in the facility. The governmental entity is responsible for ensuring that the programs offered in its rented space meet the requirements of Title II. Unlike private entities under Title III, public entities are not required to remove barriers from each facility, even if removal is readily achievable. A public entity must make its "programs" accessible. Physical changes to a building are required only when there is no other feasible way to make the program accessible. In contrast, barriers must be removed from places of public accommodation under Title III where such removal is "readily achievable," without regard to whether the public accommodation's services can be made accessible through other methods. State and Local Accessibility Codes In addition to ADAAG and UFAS, a variety of State and Local government accessibility codes exist. A recipient or public entity can use a standard that achieves equivalent or greater accessibility. Title III of the ADA author-izes USDOJ to certify that State laws, local building codes, or similar ordinances meet or exceed the ADA Stan-dards for Accessible Design (ADAAG) for new construction and alterations and thereby are compliant with the Title III regulation. Recipients and public entities that choose to use these standards for newly constructed and altered buildings should be aware that this certification does not apply to buildings constructed by or for State or local governmental entities, which are subject to Title II of the ADA. With respect to any ADA enforcement action, final certification by USDOJ constitutes rebuttable evidence that a building constructed or altered in compliance with the State or local code complies with the requirements of Title III of the ADA. Other Program Accessibility Issues According to the USDOJ, carrying persons with mobility impairments to provide program accessibility is permitted in only two cases. First, when program accessibility in existing facilities can be achieved only through structural alterations (that is, physical changes to the facilities), carrying may serve as a temporary expedient until construction is completed. Second, carrying is permitted in manifestly exceptional cases if (a) carriers are formally instructed on the safest and least humiliating means of carrying and (b) the service is provided in a reliable manner. Carrying is contrary to the goal of providing accessible programs, which is to foster independence. References:

1. “Title II Technical Assistance manual,” U.S. Department of Justice, Washington, D.C. (2003). 2. “Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary

and Secondary Schools,” U.S. Department of Education, Office of Civil Rights, Washington, D.C. 277pp.

3. “ADA Title II Action Guide: For State and Local Governments;” Adaptive Environments Center, Bos-

ton, MA; LRP Publications: Horsham, PA (1992); 157pp. 4. U.S. Access Board website: www.access-board.gov

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ADA/504 Chapter 1

CONSIDERATIONS

VII. Accessibility of Pedestrian Rights-Of-Way Facilities

General Principles As a Federal agency that provides funding and technical assistance for the building and construction of roads, highways and pedestrian facilities, FHWA plays a key and highly visible role in ensuring that newly-constructed and altered pedestrian facilities are accessible to individual with disabilities. The FHWA has traditionally been a primary resource for recipients and public entities with respect to regulations, policy, design standards, best practices, technical assistance and training for pedestrian rights-of-way issues. The FHWA works closely with STAs to implement Title II ADA, Section 504, MUTCD and standards to achieve this goal. FHWA also maintains close working relationships with other Federal agencies such as the U.S. Access Board and the U.S. Depart-ment of Justice in determining the legal requirements that are applicable to the Pedestrian Rights-of-Way. FHWA partners with American Association of State Highway Transportation Officials (AASHTO) and the Asso-ciation of Pedestrian and Bicycle Professionals (APBP). Current Requirements The United States Department of Justice’s Technical Assistance Manual allows public entities to use either ADAAG or UFAS, as long as the entire connected facility or project uses one standard completely for both new building and subsequent alterations. (USDOJ Technical Assistance Manual II-6.2100). Because the ADAAG is the most up to date of the standards available, FHWA strongly encourages public entities to use the ADAAG standards. The following descriptions of standards will only address the present ADAAG standards, and not the less modern UFAS alternative. Draft Public Rights-of-Way Accessibility Guidelines The Architectural and Transportation Barriers Compliance Board (Access Board) plans to undertake rulemaking to supplement its ADA and ABA (ADAAG) accessibility guidelines. Currently the focus of ADAAG is facilities within sites. While the ADAAG guidelines address certain features common to public sidewalks, such as curb ramps and accessible routes, it is recognized that further guidance is necessary to address conditions unique to public rights-of-way, such as space limitations, roadway design practices, slope, and terrain. The Board’s draft guide-lines, which the Access Board identifies as the Draft Public Rights-of-Way Guidelines (PROWAG), dated No-vember 23, 2005, provide best practices where a new pedestrian route or facility is constructed or when an exist-ing pedestrian facility is altered as part of a planned project within the public rights-of-way. The PROWAG will become enforceable standards only when they are adopted by the standard setting agency (under ADA the De-partment of Transportation and Department of Justice). Until such time, PROWAG are subject to change and they are discussed below and in each separate section within this Pedestrian Accessibility Chapter solely for the purpose of consideration as a possible best practice. The FHWA, in its January 23, 2006, memorandum advised field offices that the Draft Guidelines are not stan-dards until adopted by the U. S. Department of Justice and the U.S. Department of Transportation. The memo-randum states:

“The present standards to be followed are the ADA Accessibility Guidelines (ADAAG) standards. However, the Draft Guidelines 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. Further, the Draft Guidelines are consistent with the ADA’s requirement that all new facilities (and altered facilities to the maximum extent feasible) be designed and constructed to be accessible to and useable by people with disabilities.”

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CORRIDORS AND TRAILS

Sidewalks Current ADAAG Requirements

The specific requirements in ADAAG that apply to the design and construction of sidewalks are contained in:

• 4.3 Accessible Route – Contains requirements for all aspects of an accessible route, of which a sidewalk would apply.

• 4.3.3 Width - minimum clear width of 36” (915mm)

• 4.3.4 Passing Space – If the sidewalk is less than 60” clear width, then passing spaces at least 60” by 60” (1525mm by 1525mm) shall be located at reasonable intervals not to exceed 200 ft (61 m).

• 4.3.7 Slope – the sidewalk running slope shall be less than 1:20 (5%). A running slope greater than 1:20 (5%) is considered a ramp and shall comply with Section 4.8. Cross slopes shall not exceed 1:50 (2%).

• 4.3.8 Changes in Levels - Changes in level shall comply with Section 4.5.2. If a sidewalk has

changes in level greater than ½ inch (13mm) then a curb ramp or ramp shall be provided that complies with Section 4.7, 4.8, 4.10, or 4.11.

• 4.4.1 Protruding Objects, General – Objects projecting from the side (from walls, vegetation, build-ings, etc.) shall protrude no more than 4 inches (100mm) into the walkway, if they are between 27 inches (685mm) and 80 inches (2030mm) above the ground. Protruding objects below 27 inches (685mm) and above 80 inches (2030mm) may protrude any amount. Free-standing objects mounted on posts or pylons may overhang 12 inches (305mm) maximum from 27” to 80” above the ground. Protruding objects shall not reduce the clear width of an accessible route.

• 4.4.2 Head Room – Sidewalks shall have 80 inches (2030mm) minimum clear head room. If vertical clearance of an area adjoining an accessible route is reduced to less than 80” (nominal dimension), a barrier to warn blind or visually-impaired person shall be provided.

• 4.5.1 Ground and Floor Surfaces, General - Surfaces shall be stable, firm, slip-resistant, and shall comply with Section 4.5.

• 4.5.2 Changes in Level – Changes in level up to ¼ inch (6mm) may be vertical and without edge treat-

ment. Changes in level between ¼ inch (6mm) and ½ inch (13mm) shall be beveled with a slope no greater than 1:2 (50%). Changes in level greater than ½ inch (13mm) shall be accomplished by means of a ramp that complies with Section 4.7 or 4.8.

• 4.5.4 Gratings – If gratings are located in walking surfaces, then they shall have spaces no greater than ½ inch (13mm) wide in one direction. If gratings have elongated openings, then they shall be placed so that the long dimension is perpendicular to the dominant direction of travel.

Application and Best Practices The "Sidewalk Corridor" is the portion of the pedestrian system from the edge of the roadway to the edge of the right-of-way (property line or building edge), generally parallel to the street. Attributes of good sidewalk corridor design include:

• Accessibility by ALL users.

• Adequate width.

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• Safe to use (sidewalk users should not feel threatened by adjacent traffic or by the environment). • Continuity and connectivity. • Landscaping to create a buffer space between pedestrians and traffic and also provide shade. • Social space (area where pedestrians can safely participate in public life).

THE ZONE SYSTEM

Sidewalks in central business districts and downtown areas need to be designed to accommodate larger volumes of pedestrian traffic than in residential areas. Streetscapes in these areas often function for multiple purposes, and generally consist of the following zones: the building frontage zone, the pedestrian zone, the planter/furniture zone, and the curb zone. (See Figure 1) Figure 1:

The zone system divides the sidewalk corridor into four zones to ensure that pedestrians have a sufficient amount of clear space to travel. Building Frontage Zone: The building frontage zone is the area between the building wall and the pedestrian zone. Pedestrians don't feel comfortable walking directly adjacent to a building wall or fence. At a minimum pedestrians prefer to keep at least 0.6 m (2 ft) of "shy" distance away from the building wall. Depending on the use of this area, the frontage width should be increased and physically separated from the pedestrian zone (example, allow extra space for a door opening into the frontage area, sidewalk cafes, etc.). People with vision impairments often travel in the frontage zone and use the sound from the adjacent building for orientation. Some use the building edge as a guide for a white cane, traveling between 0.3 m-1.2 m (1 ft-4 ft) from the building. The frontage zone should be free of obstacles and protruding objects. If not, obstacles in the frontage zone should be detectable by people who use long white canes. Level landings are required at building entrances and around sidewalk furnishings such as drinking fountains, benches, etc. Pedestrian Travel Zone: The pedestrian zone is the area of the sidewalk corridor that is specifically reserved for pedestrian travel. This area should be free of all obstacles, protruding objects, and any vertical obstructions hazardous to pedestrians, particularly for individuals with vision impairments. The pedestrian zone should be at least 1.8 m-3.0 m (6-10 ft) wide or greater to meet the desired level of service in areas with higher pedestrian

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volumes. This allows pedestrians to walk side by side or for pedestrians going in the opposite direction to pass each other. The pedestrian zone should never be less than 1.2 m (4 ft), which is the minimum width required for people using a guide dog, crutches, and walkers. Wheelchair users need about 1.5 m (5 ft) to turn around and 1.8 m (6 ft) to pass other wheelchairs. Planter/Furniture Zone: The planter/furniture zone lies between the curb and the pedestrian travel zone. This area provides a buffer from the street traffic and allows for the consolidation of elements like utilities (poles, hy-drants, telephone kiosks, etc), and street furniture (benches, signs, etc). The intent is to ensure that the pedes-trian travel zone is free of ALL obstacles. On local and collector streets, 1.2 m (4 ft) is preferred and on arterial and major streets 1.8m (6 ft) is preferred. Additional space will be required for transit stops and bus shelters which may include a boarding pad typically 1.5 m x 2.4 m (5 ft—8 ft). States that have significant accumulations of snow during the winter months will require wider planter/furniture zones. This allows the snow to be stored in the planter/furniture zone and keeps the pedestrian zone obstacle free. Curb Zone: The curb zone is the first 0.15 m (6 in) of the sidewalk corridor, located adjacent to the roadway. It is an integral part of the road/drainage system and keeps excess water off the sidewalk corridor. The curb zone also discourages motor vehicles from entering/exiting the sidewalk corridor except at designated locations and is a valuable safety and guide cue for pedestrians with vision impairments.

Sidewalk Grades and Cross Slopes

Steep grades and cross slopes should be avoided where possible or integrated with level rest areas. Both pow-ered and manual wheelchairs can become very unstable and/or difficult to control on sloped surfaces. When areas with steep sidewalks and ramps are wet, icy, or covered with snow, they have little or no slip resistance and a slide will usually end in the street. Grade: Grades are often difficult to control in the sidewalk environment because sidewalks follow the path of the street. The sidewalk grade ideally should not exceed 5%. Design parameters developed for ramps on buildings and sites, permit a maximum grade of 8.3 percent for a distance of 9.1 m (30 ft) before a level landing must be installed. Where the sidewalk grade approaches or exceeds that of the maximum permitted for a ramp, it is good practice to provide a level rest area. The slope of the level landing should not exceed 2 percent in any direction (See Figure 2). Figure 2:

Level landing with benches provide a resting point that will not impede the flow of pedestrian traffic.

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The dimensions of the level landing should be at least 1.5m x 1.5m (5 ft x 5 ft) to allow wheelchair users to stop and rest without blocking the flow of pedestrians. This area can be greater with the inclusion of other amenities such as benches, hand rails, and drinking fountains. In areas with steep slopes, consider installing wide sidewalk corridors that permit the wheelchair user to travel in a zig-zag motion (See Figure 3). Figure 3:

In areas of steep terrain, a wide sidewalk allows wheelchair users to travel in a zigzag motion which reduces the grade they must travel, although the overall distance of their trip is increased. Cross Slope: The maximum cross slope permitted by ADA Accessibility Guidelines (ADAAG) is 2 percent. Se-vere cross slopes require wheelchair users and other pedestrians to work against the effects of gravity to main-tain their lateral balance. Pedestrians using crutches or canes may be forced to turn sideways in order to keep their base of support at a manageable angle. Severe cross slopes can cause wheelchair users to veer towards the curb and into the street (See Figure 4). The impact of cross slopes is compounded when combined with steep grades and uneven surfaces. Designers and those constructing facilities need to understand the impact of grades and cross slopes and take particular care to stay within construction tolerances as well as within design standards. For example, Portland Cement Concrete has a construction tolerance of 1/4 in per 10 ft. Figure 4:

PROBLEM: Wheelchair users traveling on a sidewalk with a cross slope greater than 2% use more energy to offset the force of gravity that directs them towards the curb and into the street.

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For sidewalks with steep cross slopes the designer can create a level area of at least 915mm (3 ft) within the pedestrian zone (See Figure 5) or increase the height of the curb (See Figure 6) The latter case can create problems for curb ramp design and on-street parking (car doors may not be able to swing over the curb).

Figure 5:

GOOD DESIGN: A level area at least 915 mm (36 in) wide improves access when the street elevation is lower than the building elevation. Figure 6: ACCEPTABLE DESIGN: Increasing the height of the curb provides a level pathway when the street elevation is lower that the building elevation. This solution may not be ideal if sidewalks are not wide enough to install well designed curb ramps.

Sidewalk Surfaces Factors that affect the usability of the sidewalk surface include:

• Surface materials • Changes in level • Firmness, stability, and slip resistance • Dimensions of gaps, grates and openings • Visual consistency

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Surface materials generally consist of concrete or asphalt; however, tile, stone, and brick are also used. Typically, sidewalks of concrete and asphalt are firm, stable, and fairly slip resistant when dry. A broom finish used on concrete sidewalks increases the slip resistance. Surfaces that are not slip resistant are especially difficult for people who use wheelchairs or walking aids to travel across. Crutch users, for example, rely on being able to securely plant their crutch tip to travel effectively on the sidewalk. Surfaces that are not visually consis-tent (all one color and texture) can make it difficult for pedestrians with vision disabilities to distinguish the difference between a change in color and pattern on the sidewalk and a drop off or change in level. Decorative surface materials such as paints and surface materials, polished stones or exposed aggregate rock, are not as slip resistant and should be avoided. Paint and thermoplastic materials, commonly used to mark crosswalks, are generally not as slip resistant when wet. Slip resistant contact is more difficult to achieve when the sidewalk material is wet or icy. Texture added to the thermoplastic will improve the slip resistance. Brick and cobblestone may improve the aesthetic quality of the sidewalk, but may also increase the amount of work re-quired by pedestrians with mobility impairments. For example, tiles that are not tightly spaced together can cre-ate grooves that catch wheelchair casters (See Figure 7). These decorative surfaces may also create a vibrating bumpy ride that can be uncomfortable and painful for those in wheelchairs. The surface texture should not in-clude more than a 1/4 inch rise every 30 inch. Brick and cobblestone may heave or settle, creating unsafe changes in level or become a tripping hazard for pedestrians, especially those with vision and mobility disabili-ties. Decorative textured surface materials can make it more difficult for pedestrians with vision impairments to identify detectable warnings, which provide critical information about the transition from the sidewalk to the street. For these reasons, brick and cobblestone are not recommended. Creative alternatives include smooth walkways with brick trim, and colored concrete. Figure 7:

The space between the jointed surface causes wheelchair casters to swivel and catch and greatly increases the rolling resistance. Changes in level/elevation are vertical rises between adjacent surfaces. Causes of changes in level include:

• Tree roots pushing upwards. • Uneven transitions from street to gutter to ramp. • Heaving and settling due to frost. • Buckling due to improper sub-base preparation.

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Changes in level/elevation can cause major problems for:

• Pedestrians with mobility impairments-difficulty lifting feet, or crutches (causing tripping). • Pedestrians with vision impairments-difficulty detecting elevation changes, (causing tripping). • Pedestrian using wheelchairs-small front caster wheels swivel sideways and cannot climb over. • Pedestrian using wheelchairs-difficult time rolling over large changes in elevation.

Changes in level/elevation requirements:

• Up to 6 mm (0.25 in)-can remain without beveling. • 6-13 mm (0.25 in-0.5 in)-bevel the surface with a maximum grade of 50 percent (1:2). • Greater than 13 mm (0.5 in)-remove or install a ramp with a maximum grade of 8.3 percent.

Gaps, grates and other openings occur at railroad tracks, drainage inlets, air vents, tree grates, etc. Wheel-chair casters, inline skating wheels, as well as bicycle wheels often get caught in openings and gaps wider than 1/2 inch or which are incorrectly aligned. In these cases there is potential for the person to be suddenly pitched forward. Walking aids such as canes and crutches can also get caught in grates and gaps. When the cane tip slips through an opening, the pedestrian can become unstable and risk falling. Grates should be placed within the planter/furniture zone (See Figure 1) away from the pedestrian travel area, and also away from the bottom of crosswalks and curb ramps. Gaps and grates should be designed so that:

• Openings do not allow the passage of a 13 mm (0.5 in) sphere. • The long dimension of the opening is perpendicular or diagonal to the dominant direction of travel.

The impact of trees on the sidewalk corridor-- trees are generally planted because they improve the pedes-trian experience, improve the aesthetic appearance of the streetscape, serve as a visual and auditory buffer be-tween pedestrians and traffic, provide shade, and may have a traffic calming effect. Trees need a minimum of 1.2 m x 1.2 m (4 ft x 4 ft). They are also one of the most common causes of sidewalk cracks and changes in level. When water is limited, tree roots tend to push through the surface (See Figure 8) and spread out rather than down (See Figure 9) to look for new water sources. Figure 8:

When trees do not get enough water they tend to spread their roots out, which can break up the surface of the sidewalk.

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Tree branches should be maintained to hang no lower than 2.0 m (6.7 ft) (See Figure 10). Low hanging branches can be a safety hazard, especially for pedestrians with vision impairments who may not detect them. Other pedestrians with mobility impairments may have difficulty bending under them. Careful selections of tree type, their placement and maintenance can provide a comfortable and safer environment for all road users including pedestrians.

Figure 9:

Trees planted with grates are less likely to cause sidewalk cracks than trees planted without grates because the grate allows a sufficient amount of water to reach the tree roots. Figure 10:

This pedestrian, who is blind is walking down a sidewalk that contains a number of obstacles that are difficult to detect using a long white cane, because they protrude into the path of travel between 685 mm (2.3 ft) up from ground level and below 2.03 m (6.7ft) in height.

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PROTRUDING OBJECTS Objects that protrude into the sidewalk corridor above 2 m (6.7 ft) are not generally a problem for pedestrians with vision impairments (See Figure 11). Pedestrians who use long canes will usually detect and avoid objects on the sidewalk that extend below 0.69 m (2.3 ft). However, obstacles that protrude into the sidewalk corridor between 0.69 m-2 m (2.3 ft—6.7 ft) and do not extend to the ground (See Figure 10) are more difficult to detect and avoid. Pedestrians with vision impairments often travel using the edge of the building line. Objects mounted on the wall, post, or side of a building, should, therefore, not protrude more than 0.1 m (4 in) into the sidewalk corridor (See Figure 12). Figure 11:

This pedestrian. who is blind, will have a much easier time traveling on this sidewalk because there are no walls or post-mounted obstacles that protrude more than 101 mm (4 in). Figure 12:

POTENTIAL PROBLEM: When obstacles mounted on posts can be approached from the side they should not protrude more than 101mm (4 in). This pedestrian who is blind does not detect the pole, which could cause him to collide with the obstacle.

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Revised Draft Guidelines for Accessible Rights-of-Way Some of the sections of the PROWAG that apply to the design and construction of sidewalks are: R204 Pedestrian Access Route: This section describes a pedestrian access route as the portion of the general pedestrian circulation path, which may included walkways, sidewalks, street crossings, and overpasses and un-derpasses, courtyards, elevators, platform lifts, stairs, ramps and landings. Where sidewalks are not provided, pedestrian circulation paths may be provided in the street, highway, or shoulder unless pedestrian use is prohib-ited. R205 Alternate Pedestrian Access Route: When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, an alternate pedestrian access route complying to the maximum extent feasible with R301, R302, and Section 6D.01 and 6D.02 of the MUTCD shall be provided. R206 Pedestrian Crossings: Where a pedestrian street or rail track crossing is provided, it shall contain a pe-destrian access route complying with R301 and the applicable provisions of R305. Where a pedestrian rail crossing is not contained within a street or highway, a detectable warning shall be providing in compliance with R304. R301 Pedestrian Access Route: This section contains all the technical provisions that apply to sidewalks: R301.1 General – Pedestrian access routes shall comply with R301 and shall connect pedestrian elements and facilities required to be accessible. R301.3 Width –

• R301.3.1 Continuous Width – The minimum continuous and unobstructed clear width of a pedes-

trian access route shall be 4 ft. (1.2m), exclusive of the wR3010302 Width at Passing Spaces – Walkways in pedestrian access routes that are less than 5 ft (1.5m) in clear width shall provide passing spaces at intervals of 200 ft (61m) maximum. Pedestrian access routes at passing spaces shall be 5 ft. (1.5m) wide for a distance of 5 ft. (1.5m).

R301.4 Walkway Grade and Cross Slope –

• R301.4.1 Cross Slope – The cross slope of the walkway of a pedestrian access route shall be 2%

maximum.

• R301.4.2 Street or Highway Grade – Where the walkway of a pedestrian access route is con-tained within a street or highway border, its grade shall not exceed the general grade established for the adjacent street or highway.

R301.5 Surface – The surface of the pedestrian access route shall be firm, stable and slip resistant.

• R301.5.1 Vertical Alignment – Vertical alignment shall be planar within curb ramp runs, blended transitions, landings, and gutter areas within the pedestrian access route, and within clear spaces required for accessible pedestrian signals, street furniture, and operable parts. Grade breaks shall be flush. Where the pedestrian access route crosses rail tracks at grade the surface of the pedes-trian access route shall be level and flush with the top of the rail at the outer edges of the rail. The surface between the rails shall be aligned with the top of the rail.

• R301.5.2 Surface Discontinuities – Surface discontinuities shall not exceed ½ inch (13mm) maxi-

mum. Vertical discontinuities between ¼ inch (6.4mm) and ½ inch (13mm) shall be beveled at 1:2 (50%) minimum. The bevel shall be applied across the entire level change.

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• R301.7.1 Walkway Joints and Gratings – Openings shall not permit passage of a sphere more than ½ inch (13mm) in diameter. Elongated openings shall be placed so that the long dimension is perpendicular to the dominant direction of travel.

R302 Alternate Circulation Path: This section describes temporary route requirements. R302.2 Location – To the maximum extent feasible, the alternate circulation path shall be provided on the same side of the street as the disrupted route. R302.3 Protection – Where the alternate circulation path is exposed to adjacent construction, excavation drop-offs, traffic, or other hazards, it shall be protected with a pedestrian barricade or channelizing device complying with R302.4. R302.4 Pedestrian Barricades and Channelizing Devices – Pedestrian barricades and channelizing devices shall be continuous, stable, and non-flexible and shall consist of a wall, fence, or enclosure specified in section 6F-58, 6F-63, and 6F-66 of the MUTCD.

• R302.4.1 Detectable Base – A continuous bottom edge shall be provided 6 inches (150mm) maximum above the ground or walkway surface.

• R302.4.2 Height – Devices shall provide a continuous surface or upper rail at 3 ft. (.9m) minimum

above the ground or walkway surface. Support members shall not protrude into the alternate circulation path.

R307 Street Furniture: This section contains specifications for the different types of street furniture, some of which can be installed on sidewalks.

TRAILS Current ADAAG Requirements The specific requirements in ADAAG that apply to the design of shared-use paths and trails are contained in the appropriate sections that are specific to the function of the path or trail:

• Shared-use paths and pedestrian trails that function as sidewalks shall meet the same requirements

as sidewalks (see 1. a. Sidewalks, Current ADAAG Standards above). Where shared-use paths and pedestrian trails cross highways or streets, the crossing also shall meet the same requirements for street crossings, including the provision of detectable warnings (see Crossings and Intersections, a. Current ADAAG Requirements).

• Shared-use paths and pedestrian trails that function as trails should meet the accessibility guidelines

proposed in the Access Board’s Regulatory Negotiation Committee on Accessibility for Outdoor Developed Areas Final Report found at www.access-board.gov/outdoor/outdoor-rec-rpt.htm. This report also has guidelines for Outdoor Recreation Access Routes (routes connecting accessible elements within a picnic area, camping area, or a designated trailhead).

• Recreational trails primarily designed and constructed for use by equestrians, mountain bicyclists,

snowmobile users, or off-highway vehicle users, are exempt from accessibility requirements even though they have occasional pedestrian use.

Most trailside and trailhead structural facilities (parking areas, restrooms) must meet the ADAAG.

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Application and Best Practices Shared-use path and trail designers should seek opportunities to incorporate accessible features and elements, and to include trail routings that meet accessibility criteria to ensure that there are transportation and recreation opportunities for a variety of users within an overall trails program. Where trail-related facilities, such as parking, shelters, toilets, drinking fountains, and other features are provided on or along an accessible trail site, they must provide some level of accessibility and be served by an accessible route. Trail designers should accommodate people with disabilities who may use trail facilities by horse, ATV, snowmobile, or by other means. Other facilities, including transportation and trailside and trailhead facilities, also must be constructed, altered, and operated to be accessible to people with disabilities. Transportation and pedestrian links serving or inter-secting accessible recreational trails should contain accessible elements, including sidewalks, curb ramps, detectable warnings, and similar improvements. Trail project sponsors should not install barriers or other features that would make it more difficult for people with disabilities to use the trail. Some trail managers install bollards, gates, or other barriers to restrict unauthorized use. Bollards often are a hazard to trail users, often ineffective, and can restrict emergency access. If installed, bollards, gates, or other barriers must not restrict access for people with disabilities. For more information about good practices in shared-use path design, see Chapter 14 of Designing Sidewalks and Trails for Access, Part 2, available online at: http://www.fhwa.dot.gov/environment/sidewalk2/ Revised Draft Guidelines for Accessible Rights-of-Way The design of shared-use paths and trails is not meant to be addressed by the Revised Draft Guidelines for Accessible Rights-of-Way. The Access Board’s Final Report, “Accessibility Guidelines for Outdoor Developed Areas,” dated September 30, 1999, covers shared-use paths and trails. However, shared-use paths that function as sidewalks can follow the best practices within the Revised Draft Guidelines for Accessible Rights-of-Way. See the above section on Sidewalks, c. Revised Draft Guidelines for Accessible Rights-of-Way for applicable sections. References:

1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994 2. Accessible Rights-of-Way: A Design Guide, U. S. Access Board, November 1999 3. Revised Draft Guidelines for Accessible Public Rights-of-Way, U. S. Access Board, November 23,

2005 4. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide, Federal Highway

Administration, September 2001 5. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State

Highway and Transportation Officials, dated July 2004 6. Regulatory Negotiation Committee on Accessibility Guidelines for Outdoor Developed Areas, Final

Report, U.S. Access Board, September 30, 1999.

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CURB RAMPS, DRIVEWAY CROSSINGS, AND PARKING

Curb Ramps This discussion is intended to provide a basic understanding of the requirements and best practices associated with the design of accessible curb ramps and driveway crossings. It is strongly recommended that the refer-ences listed at the end of this chapter be consulted for a more thorough understanding of these requirements and best practices. Title II of the ADA specifically requires the provision of curb ramps or other sloped areas for all newly con-structed or altered streets, roads, and highways at any intersection having curbs or other barriers to entry from a street level pedestrian walkway. Additionally, under the provisions of program accessibility, public entities must also install curb ramps within existing sidewalks that are not otherwise being altered. Curb ramps are necessary for access between the sidewalk and the street for people who use wheelchairs. However, curb ramps can create an information barrier for people with vision impairments who use the curb to identify the transition point between the sidewalk and the street. Because curb ramps eliminate the vertical edge of the curb used by pedestrians with vision impairments, it is also necessary to install detectable warnings at curb ramps to mark the boundary between the sidewalk and street. Current ADAAG Requirements The specific requirements in ADAAG that apply to the design of curb ramps are contained in:

• 4.3 Accessible Route: Contains requirements for all components of an accessible route, includ-ing walks.

• 4.3.3 Width: Minimum clear width of 36 inches.

• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with requirements of 4.8 Ramps.

• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.

• 4.7 Curb Ramps

• 4.7.1 Location: Curb ramps are required wherever an accessible route crosses a curb.

• 4.7.2 Slope: Same as for ramps. See ADAAG 4.8. Running slope shall be the least possible, but

no greater than 1:12 maximum, except for alterations. In alterations, running slopes can be in-creased with some conditions. See ADAAG 4.1.6(3)(a). Cross slope shall be 1:50 maximum. The slope of adjoining gutter, road surface, or accessible route shall not exceed 1:20.

• 4.7.3 Width: Minimum 36 inches, exclusive of flares.

• 4.7.4 Surface: Must be firm, stable, and slip resistant.

• 4.7.9 Location at Marked Crossings: Curb ramps at marked crossings shall be wholly contained within the markings, excluding flared sides.

• 4.7.10 Diagonal Curb Ramps: Minimum clear space of 4 feet at the bottom of the ramp.

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Application and Best Practices Selecting the appropriate curb ramp type or design depends on many variables including sidewalk and border width, curb height, curb radius, crosswalk location, site elements and topography of the street corner.

Curb Ramp Considerations It is not necessary for curb ramps to be in-line with the crosswalk. Avoid designs that require an angled approach or a turn during use. For wheelchair stability, it is very important to approach the base or toe of the ramp straight on when ascending. Therefore the curb ramp must be perpendicular to the curb it cuts, so that both longitudinal sides of the ramp are the same length. If the curb ramp is skewed, with one side shorter than the other, it will be necessary to either 1) turn while ascending which is a more difficult maneuver, or 2) enter the ramp at an angle to the change in slope, which effects balance and compromises control. Pedestrians who use wheelchairs must “square off” so that they approach a change in slope with both front wheels at the same time. A skewed approach would leave one caster off the ground, compromising balance and control. Additionally, pedestrians who take a run at an up-ramp cannot easily change direction while as-cending. Also, since downhill slope of a ramp usually ends in the street, a loss of control may have serious safety effects. Whenever possible, it is generally preferable to install paired curb ramps at the corner of an intersection for several reasons. Paired curb ramps permit pedestrians to enter the crossing at the same point and they provide more useful information to blind pedestrians about the location of the corner and the crossings. However, in many existing locations it may be impossible to install paired curb ramps because of the location of existing drainage, sidewalk appurtenances, and other constraints. In existing locations, the designer must provide ac-cessible features to the maximum extent feasible. Running slopes of curb ramps are limited to 1:12 maximum. In alterations, running slopes are permitted to be 1:10 maximum for a vertical rise of 6 inches maximum and 1:8 maximum for a vertical rise of 3 inches maximum where it is technically infeasible to meet the 1:12 requirement. Cross slopes are limited to 1:50 (2%). Cross slopes in excess of this on curb ramps, as well as on other areas within the accessible route, create an unstable condition for most pedestrians with mobility impairments. Transitions from the curb ramp to other areas of the accessible route must be flush. At the foot of the curb ramp the gutter counter slope must not exceed 1:20 (5%) and the transition must be flush and without a lip or other difference in level. This ensures that a wheelchair will not suddenly stop when the front wheels of footrest are caught by an opposing upslope, propelling the pedestrian forward and perhaps out of the wheelchair. Also, the smaller front wheels swivel freely and when these casters hit a raised lip they swivel sideways and stop the wheelchair. Where there is an excessive counter slope at the bottom of a curb ramp without an adequate dis-tance for the wheelchair wheel base, a wheelchair may also get “hung up” between the front casters and rear anti-slip bars, leaving the drive wheels off the ground.

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Curb Ramp Components

Flares are intended to provide a transition between the ramp and the sidewalk to eliminate a tripping hazard for pedestrians who walk across them. They are not intended for pedestrians in wheelchairs. They are also not required where the edges of a curb ramp are protected by landscaping or by other sidewalk elements such as signal standards, signal controller boxes, site furniture, or other barriers to travel across, rather than up or down, a curb ramp. Level landings (i.e., with slopes no greater than 1:50) at the tops of curb ramps make it possible to change direction after completing the ascent, rather than during the rise, and to avoid traveling across the compound slope of a side flare. Top landings can also provide a level area that allows pedestrians to bypass curb ramps entirely when traveling around a corner.

Curb Ramp Types Curb ramps are generally categorized by their design and position with respect to the direction of travel on the ramp area relative to the sidewalk and street. The three main types of curb ramps include perpendicular, diagonal, and parallel. Additionally, there are combined parallel and perpendicular curb ramps, built-up curb ramps, and depressed corners.

Perpendicular Curb Ramp

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Curb ramps consist of several components including the curb, ramp area, landing area, flare, and sidewalk approach. Only the approaches, landings, and ramp areas are a part of the accessible route. Because the side flares of a curb ramp can exceed the permitted 1:50 cross slope, an accessible route cannot include travel across a flare.

This curb ramp has a ramp which is perpendicular to the curb face or if located on the curb radius tangent at the ramp. Users will generally be traveling perpendicular to vehicular traffic when they enter the street at the bottom of the ramp. This type of curb ramp is generally the best design for pedestrians for several reasons (see Table 1).

Diagonal Curb Ramp

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This curb ramp is similar to a perpendicular curb ramp in design, however it is located at the apex or midpoint of the curb radius at the corner of an intersection and serves two crossing directions with a single cut. Users will generally be traveling diagonally to vehicular traffic when they enter the street at the bottom of the ramp, which will lead into the center of the intersection. Diagonal curb ramps that require pedestrians who use wheel-chairs to follow a different route than other pedes-trians, where they may not be expected by or may be less visible to a vehicle driver, increase the potential for a pedestrian-vehicle conflict. This is a particular problem with turning vehicles, since the vehicle driver may not check for pedestrians

entering the crosswalk from non-standard locations. This type of curb ramp is allowed but generally the least desirable design for pedestrians for several reasons and is therefore not recommended (see Table 1).

If a diagonal curb ramp is provided, users must have enough of the ramp to maneuver towards the direction of the crosswalk. There must be a minimum of 1.2m x 1.2m (4 ft. x 4 ft.) bottom level land-ing of clear space outside the direction of motor vehicle travel and within the painted cross-walk. This distance is meas-ured from the extension of the tangent curb lines. For this rea-son, diagonal curb ramps must not be where curb radii are less than 20 feet.

Parallel Curb Ramp

This curb ramp consists of two ramps leading down towards a level landing centered at the bottom between both ramps. Users will generally be traveling parallel to vehicular traffic when on the ramps. At the level landing at the bottom of the ramps, users wishing to enter the street have to maneuver and turn, while users wishing to continue along the sidewalk have to travel up the adjacent ramp. Parallel curb ramps work well on narrow side-walks but require users continuing on the pathway to negotiate two ramp grades. This type of curb ramp is gen-erally not as good as a perpendicular curb ramp but is better than a diagonal curb ramp for several reasons (see Table 1).

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This design is acceptable but not recommended for reasons similar for Diagonal Curb Ramps.

At intersections with narrow sidewalks and wide turning radii, two parallel curb ramps should be considered.

Combined Parallel and Perpendicular Curb Ramp

This curb ramp utilizes the best characteristics of both parallel and perpendicular curb ramps. Parallel ramps are used to lower the elevation of a level landing and then a perpendicular ramp connects the landing to the roadway. Depressed Corners

Depressed corners gradually lower the level of the sidewalk through an almost undetectable change in slope to meet the grade of the street. They may be designed as an expanded diagonal curb ramp that extends around the entire corner at an intersection. Although depressed corners eliminate the need for a traditional curb ramp, they have some significant drawbacks (see Table 1). Decorative patterns used at depressed corners, such as a brick pattern, may create the illusion of a continuous pathway. People with vision and cognitive impairments may have difficulty detecting the boundary between the sidewalk and street. Contrasting surface materials and barrier posts are measures that can be used to convey the transition between the street and sidewalk at de-pressed corners. Detectable warnings are also required.

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Built Up Curb Ramps

Built-up curb ramps are ramps that project from the curb into the street and are usually oriented in the same direction as a perpendicular curb ramp. They are not commonly installed on streets but are frequently used in parking lots. They cannot be located within the access aisle of an accessible parking space. Table 1 discusses the advantages and disadvantages to pedestrians for each curb ramp type.

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Table 1

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Depressed Corners

1) Eliminates the need for a curb ramp

1) Pedestrians w/ cognitive impairments may have the illusion that the sidewalks & street are unified pedestrian space (i.e., safe)

2) More difficult to detect the boundary between the sidewalk & the street for persons with visual impairments

3) Service dogs may not distinguish the boundary between sidewalk & the street and will continue walking

4) Improper design can allow large vehicles to travel onto the sidewalk to make tight turns that puts the pedestrian at risk.

5) The design may encourage motorist to turn faster by traveling onto the sidewalk

Built-up 1) Users more exposed to vehicles within the roadway

Perpendicular 1) Ramp direction is aligned with the crosswalk

2) Straight path of travel on tight radius

3) Two ramps per corner

1) May not provide a straight path of travel on larger radius

Diagonal Acceptable but not recom-mended

1) Pedestrian with vision impairment can mistake a diagonal ramp for a perpendicular ramp and unintentionally travel into the intersection because it is not aligned with crossing direction

2) May conflict w/ motorists who are traveling straight or turning, if corner radius is small

3) Directs wheelchair users into intersections Requires wheelchair turning at top & bottom of ramp. A 1.2m x 1.2m (4 ft x 4 ft) bottom landing is required

Parallel 1) Requires minimal ROW 2) Provides an area to align

with the crossing. The bot-tom landing is contained in the sidewalk & not in street

3) Allows ramps to be extended to reduce ramp grade

4) Provides edges on the side of the ramp that are clearly defined for pedestrians w/ visual impairments

1) Pedestrians need to negotiate 2 or more ramp grades (makes it more difficult for wheelchair users)

2) Improper design can result in the accumulation of water or debris on the landing at bottom of ramp

Ramp Type Advantage to Pedestrian Disadvantage to Pedestrian

Combined Parallel & Perpendicular

1) Does not require turning or maneuvering on ramp

2) Ramp aligned perpendicular to crosswalk

3) Level maneuvering area at top & bottom or ramp

1) Visually impaired pedestrians need to negotiate sidewalk ramps

Additional Design Considerations:

For some pedestrians who use walking aids such as canes, walkers or crutches, curb ramps may be difficult to access. The pedestrian must have strength to lift his or her body up over the supporting device. A wider cross-walk that allows the use of either the curb or the curb ramp will enhance access for all users. When a portion of the normal curb is included within the crosswalk, it is easier for people with vision impairment to detect the tran-sition between the sidewalk and the street. Ramp Grade: Preferred 1:14 maximum to allow for construction tolerances. Reducing the curb height or lower-ing the sidewalk can also minimize ramp length. Ramp Width: Preferred 4 ft minimum in new construction. Ramp Alignment: Preferred to be aligned within the crosswalk with a straight path of travel from the top of the ramp to the roadway to the curb ramp on the other side. Diagonal and perpendicular curb ramps must have the ramp area perpendicular to the tangent of the curb radius to prevent wheelchairs from becoming unstable at the bottom of the ramp. Changes of Grade: Significant changes of grade as the pedestrian travels from the down slope of the ramp to the up slope of the gutter can cause wheelchair users to fall forward. Preferred difference in slope should be held to 11 percent or less. Figure 26:

A wheelchair can bottom out at area of rapid change of grade (greater than 13 percent). The wheelchair can be pitched forward or thrown backwards.

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Changes in Levels and Transition Points: Vertical elevation differences between adjacent surfaces should be as flush as possible. Even a 13mm (0.5 in) change in level combined with a change in grade can complicate access for wheelchair users. Curb ramp lips are not allowed by ADAAG. Sidewalk Approach Width: Preferred to be 1.2m (4 ft) minimum. Level landing: The top and bottom of curb ramps should be provided with a 1.2m x 1.2m (4 ft x 4 ft) minimum level landing area with the cross slope of 2% maximum in any direction. This is necessary to allow wheelchair users to maneuver off the ramp and onto the path of travel within the pedestrian zone.

If space is limited, the absolute minimum level landing width should not be less than 915 mm (3 ft). However, in such a case, wheelchair users may have to travel over a portion of the flare in order to move off the ramp onto the path of travel. To compensate, the warping of the slope at the top area of the flare should be blended for easier travel across, and the ramp width should not be less than 1.2m (4 ft). The maximum slope of the flare should not exceed 8.3%, if the landing is between 0.9m and 1.2m(3 ft to 4 ft.)

Drainage: Provide adequate drainage to prevent the accumulation of water and debris on or at the bottom of the ramp area. Revised Draft Guidelines for Accessible Public Rights-of-Way

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General: Curb ramps can be the key source of way-finding information for pedestrians who travel without vision cues if they are installed in-line with the direction of pedestrian travel at crossings. This is most easily accom-plished by locating the ramp at the tangent point of the curb return, using either a small curb radius in an at-tached sidewalk or, in larger radii, a border or setback from the street. Perpendicular Curb Ramps: This ramp type is the same as in ADAAG, however the ramp length shall not be required to exceed a maximum length of 15 feet, even if this causes the ramp slope to exceed 8.3 %. The cross slope of perpendicular ramps located at midblock crossings shall be permitted to be warped to meet the street grade. Parallel Curb Ramps: This ramp type is also the same as in ADAAG, however the ramp length is again not required to exceed a maximum length of 15 feet. Running and cross slopes at mid-block crossings shall also be permitted to be warped to meet the street grade. Blended Transitions: Blended transitions shall comply with the common elements for curb ramps, however the running slope of blended transitions shall be 5 percent maximum and cross slope shall be 2 percent maximum. Common Elements: The clear width of ramps, blended transitions, and landings shall be a minimum of 4 feet. Detectable warnings shall be provided where a curb ramp, landing, or blended transition connects to a street. Gratings, access covers, and other appurtenances shall not be located on curb ramps, landings, blended transi-tions, and gutters within the pedestrian access route. Grade breaks at the top and bottom of perpendicular curb ramps shall be perpendicular to the direction of ramp run. At least one end of the bottom grade break shall be at the back of curb. Grade breaks shall not be permitted on the surface of curb ramps, blended transitions, land-ings, and gutter areas within the pedestrian access route. Surface slopes that meet at grade break shall be flush. The counter slope of the gutter or street at the foot of a curb ramp, landing, or blended transition shall be 5 percent maximum. Beyond the curb face, a clear space of 4 feet minimum by 4 feet minimum shall be provided within the width of the crosswalk and wholly outside the parallel vehicle travel lane. Note: Unlike the ADAAG, the Revised Draft Guidelines for Accessible Public Rights-of-Way do not provide discussion of diagonal curb ramps as a specific type.

Driveway Crossings Driveway crossings within sidewalks consist of many of the same components found in curb ramps. Designers need to remember that as they change the grade to allow cars to effectively negotiate the elevation change be-tween the street and the driveway, the sidewalk driveway crossing design must not violate ADAAG design crite-ria and should not compromise good pedestrian design practice. There are no specific criteria within ADAAG for the design of driveway crossings within sidewalks. However, sidewalks are a part of the “accessible route.” ADAAG defines “walks” as included in “exterior accessible routes.” Consequently, driveway crossings must be designed to meet all applicable criteria for an accessible route. The sidewalk at a driveway crossing must contain a level area of sufficient width with minimal cross slope. This is necessary for accessible passage across a driveway. Driveway crossings located within narrow sidewalks that are immediately adjacent to the curb are the most frequently encountered example of excessive cross slope along a pedestrian route.

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Current ADAAG Requirements The specific requirements in ADAAG that apply to the design of driveways are contained in:

• 4.3 Accessible Route

• 4.3.3 Width: Minimum clear width of 36 inches.

• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with re-quirements of 4.8 Ramps.

• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.

Application and Best Practices Driveway crossings are often improperly built with cross slopes greater than the maximum allowable 2 percent. Steep cross slopes can be a significant barrier to sidewalk use and may cause pedestrians using wheelchairs and other walking aids to be put at risk of becoming unstable and falling.

Improperly designed driveway crossings may also force users to travel over the sidewalk flare. This design results in rapid changes in grade and cross slope, and wheel-chair users can lose control and possibly tip over as the front wheel loses contact with the ground followed by the opposing back wheel. Driveway crossings with steep short side flares can render as section of sidewalk im-passable. The compound cross slopes at the flares of driveway crossings may cause tipping and falling if one wheel of a wheelchair loses contact with the ground. Wheelchair users whose upper trunk mobility is limited can be thrown from their seats by differentials in cross slope occurring over a small distance. Driveway crossing designs that force users to travel over the steep cross slope in the sidewalk flare are not allowed by ADAAG.

Although gradually sloped driveway crossings are beneficial to people with mobility impairments, they can be problematic for people with vision impairments unless there is a detect-able difference in slope at the edge of the street. Pedestri-ans with vision impairments may not detect the difference in slope of the driveway flare and veer towards the street and may enter the street without realizing it. Also, there should be a detectable edge or lip at the gutter for pedestrians with vision impairments to distinguish the sidewalk and street boundary at the base of the driveway. This detectable edge is not the same as the requirements for a detectable warn-ing, which is used to identify the location where the accessi-ble route crosses a roadway. The requirements for detect-able warnings are discussed later in this chapter. Several design approaches are possible to achieve a complying driveway crossing. The following illustrations provide several examples of good or acceptable design practice.

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Good Design: Driveway crossings with wide sidewalks. A wider sidewalk with a maximum 2% cross slope may narrow to 36 inches across the driveway and still provide an accessible route along the sidewalk.

Good Design: A setback between the curb and side-walk of 48 inches will allow the sidewalk to clear a 10% slope on the driveway apron if there is a ½” lip at the gutter to minimize the vertical change that needs to be ramped on the driveway.

Acceptable Design: The sidewalk can be offset to pro-vide the minimum 36 inches at the top of the driveway apron. There may create a potential tripping problem for pedestrians traveling over flare.

Acceptable Design: The curbside sidewalk can be ramped down with parallel ramps to the driveway crossing which is at street grade. The cross slope of the driveway crossing can be at 2% maximum. This design may have drainage problems. There also needs to be a detectable edge (not a detectable warning) or lip at the gutter for pedestrians with vision impairments to distinguish the sidewalk and street boundary at the base of the driveway.

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Detectable Warnings Although curb ramps are required for pedestrians with mobility impairments to access the sidewalk network, they can be an information barrier to persons with visual disabilities. Pedestrians with vision impairments rely on non-visual audible and tactile cues to travel. Cues in the pedestrian environment include the sound of traffic, pres-ence of curb ramps, verbal messages and audible tones in pedestrian signals, and detectable warnings. To ac-commodate the information needs of all pedestrians, it is important to provide information in formats that can be assimilated using more than one sense. Persons with visual disabilities rely on tactile cues, such as the vertical elevation difference between the sidewalk and the street at the curb line. Curb ramps, depressed corners, and raised crosswalks that continue across a street at curb height do not pro-vide tactile cues of the curb line and therefore must be provided with detectable warnings to delineate the boundary between the sidewalk and roadway. Detectable warnings are a standardized surface feature built in or applied to walking surfaces or other elements to warn visually impaired people of potential hazards. Detectable warnings must be placed at the bottom of curb ramps and other locations such as depressed cor-ners, raised crosswalks and raised intersections, borders of medians and islands, and at the edge of transit plat-forms and where railroad tracks cross the sidewalk to warn people with visual impairments of potential hazards.

Current ADAAG Requirements The specific requirements in ADAAG that apply to detectable warnings are contained in: 4.7.7 Detectable Warnings: Truncated domes meeting specific design criteria are the only permitted detectable warning sur-face. They are required to be provided at the boundary where a walk crosses or ad-joins a vehicular way and the walking sur-faces are not separated by curbs. They must be provided along the full width of the curb ramp (the area fully depressed and adjacent to the street). Detectable warn-ings shall have a visual contrast with the adjacent walking surfaces. Note: Under the provisions of “equivalent facilitation” detectable warnings are only required to a depth of 2 feet.

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Detectable warnings shall consists of surface trun-cated domes aligned in a square grid pattern, • Base diameter of 23mm-26-mm (0.9 in.-1.4 in.) • Top diameter of 50-60% of base diameter • Height of 5mm (0.2 in.) • Center-to-center spacing of 41mm-61mm (1.6 in.-2.4in.) • Visual contract of light-on-dark or dark-on-light with adjacent walking surfaces ADAAG Appendix, Section A, 29.2 recommends that the materials used provide a contrast of at least 70%.

Contrast = [(B1-B2)/B1] x 100 B1 = light reflectance value of lighter area (LRV) B2 = light reflectance value of darker area (LRV)

Grooves are not the equivalent of a detectable warning because pedestrians can easily confuse them with sidewalk expansion joints or cracks in the sidewalk. They are not allowed as a detectable warning by ADAAG. Application and Best Practices Detectable warnings must be installed across the full width of the fully depressed area of curb ramps, and 610mm (2 ft) in length up the ramp. The detectable warning should be set back 152mm-200mm (6 in-8 in) from the bottom of the face of curb. This allows wheelchair users to gain momentum before traveling over the trun-cated domes. It provides pedestrians with vision impairments additional time to react to the detectable warning or advanced warning before they reach the street. Smooth surfaces should be provided adjoining the detectable warning to maximize contrast. Bricks and other textured surfaces affect the ability of the pedestrian to detect the truncated dome warnings. Detectable warnings must be of a contrasting color, which benefits pedestrians with low vision, as well as wheelchair users in identify-ing where an opposing curb ramp meets the street, allowing pedestrians to travel quickly and directly across the roadway.

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Truncated domes aligned so that wheels may pass between them are easier for some wheelchair users to nego-tiate. Therefore, dome alignment on ramps is preferred to be in the direction of ramp travel. Dome alignment on level landings is not as critical as on ramps. Avoid placing detectable warnings at entrances with low vehicular volumes and speeds. Unless the entrance has the characteristics of a typical roadway at an intersection, the overuse of detectable warnings may confuse pedestrians with visual disabilities. The following illustrations depict typical installations of detectable warnings.

Perpendicular Curb Ramp

Depressed Corners

Raised Crosswalk

Ramped Median

Ramped Island

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Revised Draft Guidelines for Accessible Public Rights-of-Way General: The draft guidelines contain significant provisions for detectable warnings and should be reviewed for application requirements. Detectable warning surfaces shall extend 24 inches minimum in the direction of travel and the full width of the curb ramp (exclusive of flares), the landing, or the blended transition. The rows of trun-cated domes shall be aligned to be perpendicular or radial to the grade break between the ramp, landing, or blended transition and the street. Perpendicular Curb Ramp Location: Where both ends of the bottom grade break of the ramp surface are 5 feet or less from the back of curb, the detectable warning shall be located on the ramp surface at the bottom of the grade break. Where either end of the bottom grade brake of the ramp surface is more than 5 feet from the back of curb, the detectable warning shall be located on the lower landing. Landings and Blended Transition Location: The detectable warning shall be located on the landing or blended transition at the back of curb.

ACCESSIBLE PARKING This discussion is intended to provide a basic understanding of the requirements and best practices associated with the design of accessible parking. It is strongly recommended that the references listed at the end of this chapter be consulted for a more thorough understanding of these requirements and best practices. Just as the provision of pedestrian circulation on and along sidewalks constitutes a “program” of an ADA Title II entity, so too may the provision of on-street parking by a city or town be a program covered by Title II. Although ADAAG contains criteria regarding design of accessible parking and the number of required accessible parking spaces within parking lots, it does not contain similar requirements specific to on-street parking. Therefore, cur-rent requirements do not permit precise scoping for the number of accessible spaces that must be provided in new construction or alteration projects that include on-street parking. In general, accessible parking must be provided and must comply with all relevant design criteria for accessible parking and accessible routes. For off street parking lots the ADAAG contains specific scoping requirements and technical provisions. For the on-street parking environment ADAAG does not contain specific scoping re-quirements; therefore, the number and location of accessible parking spaces is not specifically required by cur-rent regulation or guidelines. For the on-street parking environment good judgment must be utilized to ensure equal access. Current ADAAG Requirements

• 4.6 Parking and Passenger Loading Zones

• 4.6.1 Minimum Number. Parking spaces required to be accessible by 4.1 (Minimum Requirements)

shall comply with 4.6.2 through 4.6.5. Passenger loading zones required to be accessible by 4.1 shall comply with 4.6.5 and 4.6.6 (below). Also, 4.1.2. (5)(b) One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 in (2440 mm) wide minimum and shall be desig-nated "van accessible" as required by 4.6.4. The vertical clearance at such spaces shall comply with 4.6.5. All such spaces may be grouped on one level of a parking structure.

• 4.6.3 Parking Spaces: Minimum 96 inches wide. Access aisles shall be part of an accessible route complying with 4.3. Two accessible spaces may share a common access aisle. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.

• 4.6.4 Signage: Accessible parking spaces shall be designated as reserved with a specific type and design of sign.

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• 4.6.6 Passenger Loading Zones: Access aisle of 60 inches minimum width and 20 feet minimum length.

• 4.3 Accessible Route: Contains requirements for all components of an accessible route, including walks.

• 4.3.3 Width: Minimum clear width of 36 inches.

• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with re-

quirements of 4.8 Ramps.

• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.

Application and Best Practices Selecting the appropriate number, location, and type of accessible parking spaces within the public rights-of-way depends on many variables including sidewalk and border width, curb height, location of accessible entrances to buildings, site elements and topography of the street environment. Where accessible parking is provided, at least one in every eight accessible spaces must be van accessible. Accessible Parking Considerations Accessibility scoping for parking lots as contained in ADAAG offers some guidance, but it is not directly applica-ble to urban blocks or suburban strips. It is recommended that a municipal policy be established of providing a specific number of accessible parking spaces per developed block face where parking is permitted. Where parallel parking is already provided, accessible spaces can be designated at the head and foot of a block to take advantage of existing curb ramp access, with consideration given to appropriate access aisles and ac-cessible routes. Consideration should also be given to pedestrians with disabilities who are ambulatory who will need accessible parking spaces close to a specific building of facility. Planners should consider providing ac-cessible spaces – and curb ramps – at mid-block or in other locations to provide a short or direct route to certain accessible entrances.

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Perpendicular or Angled Parking Perpendicular or angled on-street parking can be designed and constructed according to accessible parking space provisions for perpendicular parking within lots as contained within ADAAG. These provisions include 8-foot stall widths, 5-foot wide standard access aisle and 8-foot wide van accessible access aisle at street level with curb ramps connecting to the sidewalk. If built-up curb ramps are used they may not intrude upon the access aisle because this may impair operation of vehicle side entry lifts. The following drawing depicts the basic accessible parking requirements of ADAAG.

The following drawing of angled on-street parking shows three accessible spaces in a block of public parking. Two vans are shown sharing an 8-foot access aisle; one car is parked adjacent to a 5-foot-wide access aisle. In this manner, each access aisle is shared by two accessible parking spaces, allowing the use by disabled persons from either side of a vehicle. Pedestrian routes from the access aisles to the sidewalks are shown via ramps located in the angled area across the head of a vehicle space, one serving each pair of accessible spaces.

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Parallel Parking Although ADAAG does not contain technical specifications for accessible parallel parking, a curb lane that is 13 feet wide can accommodate an 8-foot vehicle stall width and a 5-foot access aisle, with a choice of driver-side or passenger-side access aisles. A curb ramp at the head or foot of the space can then provide access to the sidewalk. If the accessible space is adjacent to the street crossing, an existing corner curb ramp may serve it adequately, as long as there is an accessible route connecting the parking space and the curb ramp that is outside the traveled vehicle way. Sidewalk extensions – neckdowns or bulb-outs – used to shorten street crossings or provide traffic calming, can also shelter the access aisle needed for fully usable on-street transfer from vehicle seat to wheelchair. Access Aisles and Accessible Routes Access aisles must connect to an accessible route leading to an accessible entrance of a facility. An access aisle shared by two accessible spaces does not require a specific configuration for the connecting accessible route. However, it is strongly recommended that the accessible route not require travel behind other parking spaces since persons who use wheelchairs are not easily visible to drivers. Where this is not possible, the ac-cessible route should run behind accessible parking spaces only. Access Aisle Curb Ramps The maneuvering necessary to enter or exit vehicles and to transfer to and from wheelchairs requires that all accessible spaces, access aisles, and passenger loading zones be level, with slopes no greater than 2% in any direction. This applies to the connecting accessible routes that cannot have cross slopes greater than 2%. For safe transfer, access aisles must be level for their full length. Thus, curb ramps, including built-up ramps, are not permitted within the area -- the full length and width -- of access aisles serving either parking spaces or pas-senger loading zones. Curb ramp openings must be located at the boundary of the access aisle, not the parking space, so that a parked vehicle does not block the ramp. In addition, the required size of access aisles and width of the accessible route cannot be reduced by planters, curbs, or wheel stops. Revised Draft Guidelines for Accessible Public Rights-of-Way Scoping: The revised draft guidelines contain scoping requirements for on-street parking which have been adopted from the table in ADAAG based upon the overall number of spaces provided within a street block. An advisory note states that accessible on-street parking spaces are best located where the street has the least crown and grade and close to key destinations. In addition to the guidelines below, one of every 8 disabled parking spaces must be van accessible. The following table is provided:

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Total Number of Marked or Metered Park-ing Spaces on the Block Perimeter

Minimum Required Number of Ac-cessible Parking Spaces

1 to 25 1

26 to 50 2

51 to 75 3

76 to 100 4

101 to 150 5

151 to 200 6

201 and over 4% of total

Technical Provisions: The revised draft guidelines also contain technical provisions for the design of on-street parking. Parallel Parking Spaces: Where the width of the adjacent walkway exceeds 14 feet an access aisle of at least 5 feet wide shall be provided at street level the full length of the parking space and shall connect to the pedes-trian route serving the space. The access aisle shall not encroach on the vehicular travel lane. There is no requirement for marking of the access aisle, so a vehicle may park at the curb or at the parking lane boundary with the travel lane in order to locate the access aisle for left or right vehicle side use. Where the width of the adjacent walkway is less than or equal to 14 feet an access aisle is not required. When an access aisle is not provided, the parking space shall be located at either end of the block face. An end-of-block space can be served by the curb ramps at the street crossing. Perpendicular or Angled Parking Spaces: Where perpendicular or angled parking is provided, an access aisle 8 feet wide minimum shall be provided at street level the full length of the parking space and shall connect to a pedestrian access route serving the space. Access aisles shall be marked so as to discourage parking in them. Parking Meters: Where parking meters are provided, they must be located at the head or foot of a parallel parking space so as not to interfere with the operation of the side lift or a passenger side transfer. Where payment for parking in a space is included in a centralized collection box or paying station, the space shall be connected to the centralized collection point with a path of travel meeting the requirements of a pedestrian access route. References:

1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994 2. Accessible Rights-of-Way: A Design Guide, U. S. Access Board, November 1999 3. Revised Draft Guidelines for Accessible Public Rights-of-Way, U. S. Access Board, November 23, 2005 4. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide, Federal Highway

Administration, September 2001 5. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State

Highway and Transportation Officials, dated July 2004.

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CROSSINGS AND INTERSECTIONS Current ADAAG Requirements The specific requirements in ADAAG that apply to the design of pedestrian crossings and roadway intersection designs are contained in:

• 4.3 Accessible Route - Contains requirements for all aspects of an accessible route, of which a pedes-trian crossing would apply.

• 4.3.7 Slope - maximum cross slope of 2%. Running slopes greater than 1:20 (5%) must comply with requirements for ramps (section 4.8).

• 4.3.8 Changes in Level - flush or a maximum of ¼ inch, sloped 1 vertical:2 high for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.

• 4.5.4 Gratings - If gratings are located in the walking surfaces, then they shall have spaces no greater than ½ inch(13 mm) wide in one direction. If gratings have elongated openings, then they shall be placed so that the long dimension is perpendicular to the dominant direction of travel.

• 4.7.11 Islands - Any raised islands in crossings shall be cut through level with the street or have curb ramps at both sides and a level area at least 48 inches (1220 mm) long between the curb ramps in the part of the island intersected by the crossings.

Application and Best Practices Many general principles that apply to the design of good pedestrian crossings are applicable to the design of crossings for people with disabilities. These are:

1. Recognize pedestrians want and need to cross the street safely. 2. Pedestrians will cross where it’s most convenient. 3. Pedestrians need to be able to determine the right time to cross. 4. Drivers need to understand pedestrians’ intent. 5. Speed matters. 6. Good design makes use of these principles.

Since crossings are part of the accessible route, normal ADAAG provisions apply (see above). Designing an effective pedestrian crossing involves the correct layout of pedestrian elements, including:

• information (signs, signals, markings) • turning radius visible crosswalks (including raised crosswalks) • adequate crossing times • medians (See Figure 35) • refuge islands • corner island (See Figure 36) • curb ramps with detectable warnings • curb extensions (See Figure 38)

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It also involves careful consideration of adequate sight lines, traffic patterns, and traffic signal phasing. Other techniques such as restrictions on right turns, pedestrian lead times, and traffic calming measures will benefit all pedestrians. Regulations that prohibit parking at the corner can also improve blocked sight lines. Curb extensions improve visibility between pedestrians and motorists and make it easier to install perpendicular curb ramps with level landing. Regulations that prohibit parking at the corner can also improve blocked sight lines. Figure 38:

Medians: Medians generally reduce crossing exposure and allow pedestrians to negotiate vehicle traffic one direction at a time. Medians should be curbed or barrier medians to physically separate pedestrians and motor-ists rather than painted flush. Furthermore, all medians should be accessible to pedestrians. The nose of the median should be extended beyond the crosswalk (See Figure 39). If a cut through (See Figure 40) is provided, it should be at least 1.8m (6 ft) long and 1.5m (5 ft) wide. This allows 2 wheelchair users to pass each other. In addition, the edges of the cut-through must be perpendicular to the street being crossed. Figure 39:

GOOD DESIGN: The height of this median does not exceed 76mm (3 in). This design allows for the construction of shorter curb ramps and a longer level landing.

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Ramped medians (See Figure 35), should have a curb ramp at either end and a level landing at least 1.5m x 1.5m (5 ft x 5 ft). For all medians, cut-through or ramped, a 0.6m (2 ft) strip of detectable warnings should be located at the entrance and exit. Corner Island: The design guidance for the island itself is similar to those of the median. The island should be raised and designed with curb ramps (See Figure 36) or a pedestrian cut-through (See Figure 41). If a cut-through design is selected, it should provide at least 1.5m (5 ft) of clear space in all directions. In addition, a 0.6m (2 ft) strip of detectable warning should be included at every exit point on the island. Ramped Corner Island (See Figure 36): The design should include curb ramps that are at least 1.5m (5 ft) wide (preferred), 1.5m x 1.5m (5 ft x 5 ft) level landing and detectable warnings. Figure 40:

Cut-through medians should be at least 1.525m (60 in) wide and should include 610mm (24 in) strips of detect-able warnings at both ends.

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Figure 41:

Corner islands with cut-through should be at least 1.525m (60 in) wide at all locations and include 610mm (24 in) strips of detectable warnings. Revised Draft Guidelines for Accessible Rights-of-Way Some of the sections that apply to the design of roadway crossings and intersections are: R204 Pedestrian Access Route: The pedestrian access route is a portion of the general pedestrian circulation path which may include walkways, sidewalks, street crossings and crosswalks, and overpasses and under-passes, courtyard, elevators, platform lifts, stairs, ramps and landings. Pedestrian access routes are continuous and unobstructed walkways within a pedestrian circulation path that provides accessibility. R206 Pedestrian Crossings: When railroad tracks are located in a street or highway that has a pedestrian route, the detectable warnings at the curb ramps make a second set of detectable warnings at the rail unnecessary in most applications. When rail tracks are not associated with a street or highway, they must have detectable warnings across the pedestrian access route on either side.

• R301 Pedestrian Access Route: Street crossings are considered to be part of a pedestrian access route, and are thus required to be in compliance with the applicable portions of the document that pertain to pedestrian access routes. The relevant measures are:

• Minimum continuous width of 4.0 ft. (1.2 m)

• Cross slope shall be 2% maximum

• When walkway is contained within a street or highway border, its grade shall not exceed the general

grade established for the adjacent street or highway

• Surface shall be firm, stable and slip resistant

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R305 Pedestrian Crossings: Crosswalks contain the pedestrian access route that connects to departure and arrival walkways through any median or pedestrian refuge island. Marked crosswalks shall have a 6 ft. (1.8 m) minimum width. The following cross slope minimums are required:

• 2% at crossings with Stop Control

• 5% at crossings without Stop Control

• at Midblock crossings, warping is permitted to meet street or highway grades

Running slope shall be 5% maximum, measured parallel to the direction of pedestrian travel in the crosswalk. Also, to match the new 2003 MUTCD requirements, all pedestrian signal phase timing shall be calculated using a pedestrian walking speed of 3.5 ft/sec (1.1 m/s) maximum. The crosswalk distance used in calculating pedes-trian signal phase timing shall include the entire length of the crosswalk. Medians and pedestrian refuge islands in crosswalks contain a pedestrian access route, so they must comply with the following:

• 6 ft. (1.8 m) minimum length in the direction of pedestrian travel

• Detectable warnings are required at curb ramps and blended transitions.

Detectable warnings at cut-through islands shall be located at the curb-line in-line with the face of curb and shall be separated by a 2 ft. (61 cm) minimum length of walkway without detectable warnings. Where the island has no curb, the detectable warning shall be located at the edge of roadway. For pedestrian overpasses and underpasses, where the approach slope exceeds 5%, the approach shall be a ramp with a 4 ft. (1.2 m) minimum width or an elevator, a limited use/limited application elevator, or platform lift complying with the applicable requirements in section and providing for independent operation. Roundabout intersections with pedestrian facilities must comply with the requirements for pedestrian access routes. If walkways are curb-attached, there shall be a continuous and detectable edge treatment along the street side of the walkway wherever pedestrian crossing is not intended. Where chains, fencing, or railings are used, they shall have a bottom element 15 in. (38 cm) maximum above the pedestrian access route. At round-abouts with multi-lane crossings, a pedestrian activated signal complying with R306 (Accessible Pedestrian Sig-nals (APS)) shall be provided for each segment of each crosswalk, including the splitter island. Signals shall clearly identify which crosswalk segment the signal serves. Roundabout intersections with single-lane approach and exit legs are not required to provide signals. At channelized turn lanes at intersections with pedestrian crosswalks at multi-lane right or left channelized turn lanes with pedestrian signal indications, a pedestrian activated signal complying with R306 (APS) shall be pro-vided. APS devices installed at splitter and “pork chop” islands must be carefully located and separated so that signal spillover does not give conflicting information about which crossing has the WALK indication displayed.

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References 1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994

2. Accessible Rights-of-Way: A Design Guide, U.S. Access Board, November 1999

3. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide, Federal Highway

Administration, September 2001

4. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State Highway and Transportation Officials (AASHTO), dated July 2004

5. Revised Draft Guidelines for Accessible Public Rights-of-Way, U.S. Access Board, November 23, 2005

6. Manual on Uniform Traffic Control Devices for Streets and Highways 2003 Edition, Federal Highway Administration

SIGNS AND SIGNALS

Signs

Pedestrian signs should not be placed in locations where they obstruct the minimum clearance width or protrude into the pathway. The majority of signs in the public right-of-way are directed at the motorist. Although these signs may affect pedestrians, they are usually not positioned to be seen by sidewalk users. Therefore, pedestrians may be put in danger because important safety information is not easily visible. Current ADAAG Requirements Section 4.30 provides guidelines for signage. However, most are targeted at indoor facilities and might not apply to all outdoor spaces.

• 4.30.1 General: Signage required to be accessible by 4.1 shall comply with the applicable provisions of 4.30.

• 4.30.2 Character Proportion: Letters and numbers on signs shall have a width-to-height ratio between 3:5 and 1:1 and a stroke-width-to-height ration1:5 and 1:10.

• 4.30.3 Character Height: Characters and number on signs shall be sized according to the viewing distance from which they are to be read. The minimum height is measured using an upper case X. Lower case characters are permitted.

• 4.30.4 Raised and Brailled Characters and Pictorial Symbol Signs (Pictograms): Letters and numerals shall be raised 1/32 in (0.8 mm) minimum, upper case, sans serif or simple serif type and shall be accompanied with Grade 2 Braille. Raised characters shall be at least 5/8 in (16 mm) high, but no higher than 2 in (50 mm). Pictograms shall be accompanied by the equivalent verbal description placed directly below the pictogram. The border dimension of the pictogram shall be 6 in (152 mm) minimum in height.

• 4.30.5 Finish and Contrast: The characters and background of signs shall be eggshell, matte, or other non-glare finish. Characters and symbols shall contrast with their background – either light characters on a dark background or dark characters on a light background.

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• 4.30.6 Mounting Location and Height

• 4.30.7 Symbols of Accessibility: Facilities and elements required to be identified as accessible by 4.1

shall use the international symbol of accessibility. Application and Best Practices Most agencies rely on the Manual on Uniform Traffic Control Devices (MUTCD) for guidelines on signage. For font recommendations, the MUTCD references the Standard Alphabets for Highway Signs and Pavement Mark-ings, which permits a series of six letter types on signs. Each letter type features a different stroke width-to-height ratio. Various sign shapes, colors, and lettering are used for each type of sign (warning, street, regula-tory, etc.) However, Braille and raised lettering are not addressed in the MUTCD.

Pedestrian and street signage that complies with the MUTCD will meet most accessibility criteria for character proportion, character height, and contrast, features that are important to pedestrians who have a vision impair-ment. Targeting more signs toward pedestrians would improve safety and permit them to identify routes requiring the least effort for travel. Warning signs similar to the standard traffic warning signs would provide information on sidewalk characteristics such as steep grades. Currently, the MUTCD has not introduced these types of signs. Furthermore, inclusion in this document as a best practice does not constitute FHWA endorsement. However, objective signage provides users with reliable information they can use to make informed choices about travel routes. If signage is used in the right-of-way, it should be implemented with audible or tactile information to be accessible to all persons including those with visual impairments. For more information about best practices in accessible pedestrian signing, see Chapter 6, sections 6.1 and 6.2, as well as Chapter 14, section 14.8, and Chapter 15, section 15.8 of Designing Sidewalks and Trails for Access, Part 2. Revised Draft Requirements for Accessible Rights-of-Way Some of the sections which apply to accessible pedestrian signing are: R210 Pedestrian Signs: Refers the specific applicable guidance sections for general pedestrian signs, bus route identification, and directional, informational, and warning signs. R306.4 Directional Information and Signs: Pedestrian signal devices shall provide tactile and visual signs on the face of the device or its housing or mounting to indicate crosswalk direction and the name of the street contain-ing the crosswalk served by the pedestrian signal. Specific specifications for the arrow, street name, and cross-walk configuration information are contained in sections R306.4.1 Arrow; R306.4.2 Street Name; and R306.4.3 Crosswalk Configuration. R308.5 Signs: This section contains specific information about parking space identification signs, which shall be include the International Symbol for Accessibility comply with R409.5.10. Signs shall be located at the head or foot of the parking spaces so as not to interfere with the operation of a side lift or a passenger side transfer. R308.6.3 Displays and Information: This section specifies the displays and information relative to parking meters. The displays and information shall be visible from a point located 1.0m (3.3 ft) maximum above the center of the clear floor space in front of the meter.

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R409 Signs: This section covers the detail specifications for pedestrian signs: • R409.1 General – Where both visual and tactile characters are required, either one sign with both vis-

ual and tactile characters, or two separate signs, one with visual, and one with tactile characters, shall be provided.

• R409.2 Raised Characters – Raised characters shall comply duplicated in Braille complying with

R409.3. Raised characters shall be installed in accordance with R409.4 and follow the following specifications for depth, case, character proportions, character height, stroke thickness, character spacing and line spacing: R409.2.1, R409.2.2, R409.2.3, R409.2.4, R409.2.5, R409.2.6, R409.2.7, and R409.2.8.

• R409.3 Braille – Specifications relating to Braille are contained in subsections R409.3.1 and

R409.3.2. • R409.4 Installation Height and Location – Signs with tactile characters shall be located 1.2m (4.0 ft)

minimum above the finish floor or ground surface, measured from the baseline of the lowest tactile character and 1.5m (5.0 ft.) maximum above the finish floor or ground surface, measured from the baseline of the highest tactile character.

• R409.5 Visual Characters – Visual characters shall comply with R409.5. The subheadings within this

section further describe the requirements for finish, contrast, character case, style, proportions, char-acter height, height from floor or ground, stroke thickness, character spacing, line spacing and the in-ternational symbol of accessibility.

Signals

Current ADAAG Requirements Generally, ADAAG does not contain any specific sections which are applicable to traffic control signals. However, Section 4.27 Controls and Operating Mechanisms is applicable to any traffic control signal pedestrian push button. In addition, Title II, Section 35.160 of Subpart E – Communications can be interpreted to apply to any communication within the public rights-of-way (e.g., traffic control signals). It requires that the public entity take steps to ensure that communications with the public not exclude people with disabilities. In the case of traffic control signals for pedestrian crossings, this would require that WALK signals provide information in a format that is non-visual so that persons with visual disabilities are not excluded. Application and Best Practices: Pedestrians with vision and mobility impairments and cognitive disabilities are increasingly at a disadvantage when they leave the sidewalk to cross the street. The lack of useful information at intersections is an impedi-ment to independent travel for blind pedestrians and those with low vision. Computerization of traffic operations has allowed increases in traffic volume by designing the maximum vehicle time and space utilization, usually at the expense of pedestrians. Pedestrians who are blind use audible and tactile cues for independent travel. At intersections with fixed-time signal phasing and consistent traffic flow, traffic signal phase changes will be reflected in parallel and perpen-dicular traffic surges. Pedestrians with visual impairments use these surges to identity the appropriate crossing intervals. However, when traffic sounds are sporadic or masked by ambient noise, the geometry of the intersec-tion is irregular, or acoustics are poor, additional information about crossing conditions would be useful. Acces-sible pedestrian signals (APS) are intended to provide that additional information about crossings in a format useable by people with vision or cognitive impairments.

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Accessible Pedestrian Signals: All pedestrians benefit from receiving information in multiple formats, especially persons with visual and cogni-tive disabilities, as well as children. Audible, tactile, and vibrotactile information can be provided as part of the APS. APS increase the efficiency of pedestrian timing and can make pedestrian actuated devices accessible and usable by all pedestrians. Audible tones and speech messages can provide standard information about the status of the signal cycle (WALK, DON'T WALK). Information on the location, direction of travel, and the name of the street to be crossed can also be included. Infrared or Light Emitting Diodes (LED) transmitters can send speech messages to personal receivers. In addition to providing information in multiple formats, the physical design, placement, and location of the pedestrian signal device need to be accessible to pedestrians with vision and mobility impairments. The Public Rights-of-Way Access Advisory Committee in their Building a True Community Final Report of January 10, 2001 recommended that APS be installed at all new signals where any of the following exist:

• when the pedestrian walk phase is pedestrian activated (a button has to be pushed)

• where there is a leading pedestrian interval (LPI)

• where the traffic signal is pre-timed (fixed time) and pedestrian information is provided

• The 2003 Manual on Uniform Traffic Control Devices (MUTCD) recommendations for APS installation are to conduct an engineering study, which should consider the following:

• potential demand for accessible pedestrian signals (APS)

• a request for APS

• traffic volumes during times when pedestrians might be present; including periods of low traffic volumes or high turn-on-red volumes

• the complexity of traffic signal phasing

• the complexity of intersection geometry

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Requirements for the installation of pedestrian signals are included in Chapter 4E of the 2003 Manual on Uniform Traffic Control Devices (MUTCD). Specifically, Section 4E.06, addresses the standards for accessi-ble pedestrian signals (APS). The MUTCD does not require the installation of APS, however, it does have stan-dards for APS, once installed. The MUTCD standards for APS are as follows:

• that APS be used in combination with pedestrian signal timing,

• that the information clearly indicate which pedestrian crossing is served by the device,

• that the operation of the APS not be limited by the time of day or day of the week,

• that the audible tones be compatible and distinguishable from extraneous sources of sound to elimi-nate confusion,

• that the audible tone have a separate tone for the walk interval (distinguishable from the pushbutton locator tone),

• that the verbal messages be clear and use specific wording, and

• that vibrotactile device indicate the walk interval through the use of a vibrating directional arrow or similar means.

APS provide information in a variety of formats, including audible, broadcast, tactile, and receiver-based:

• pedestrian head mounted audible signals

• pedestrian pushbutton integrated signals

• combination systems with pedestrian head speaker and locator tone at pushbutton

• transmitted message signals

• vibrotactile

The use of pushbutton pedestrian signal activation should be reserved for crossing locations where pedestrian volumes are low and/or sporadic. The 2003 MUTCD Section 4E.09 recommends that APS pushbutton locations be:

• adjacent to a level all-weather surface to provide access from a wheelchair, and where there is an all-weather surface, wheelchair accessible route to the ramp;

• within 5 ft. (1.5m) of the crosswalk extended;

• within 10 ft. (3m) of the edge of the curb, shoulder, or pavement; and

• parallel to the crosswalk to be used

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Revised Draft Requirements for Accessible Rights-of-Way The following sections of the Revised Draft Requirements for Accessible Rights-of-Way address traffic control and pedestrian signals: R305.3 Pedestrian Signal Phase Timing: All pedestrian signal phase timing shall be calculated using a pedes-trian walk speed of 1.1m/sec (3.5 ft/sec) maximum. The crosswalk distance used in calculating pedestrian sig-nal phase timing shall include the entire length of the crosswalk. R305.6.2 Signals: At roundabouts with multi-lane crossings, a pedestrian activated signal complying with R306 shall be provided for each segment of each crosswalk, including the splitter island. Signals shall clearly identify which crosswalk segment the signal serves. Roundabout intersections with single-lane approach and exit legs are not required to provide signals.

R306 Accessible Pedestrian Signals (APS): This section details the requirements for all things related to APS:

• R306.2 Pedestrian Signals – Each crosswalks with pedestrian signal indication shall have an accessi-

ble pedestrian signal which includes audible and vibrotactile indications of the WALK interval. Where a pedestrian pushbutton is provided, it shall be integrated into the accessible pedestrian signal and shall comply with R306.2. • R306.2.1 Location • R306.2.1.1 Crossings • R306.2.1.2 Medians and Islands • R306.2.2 Reach and Clear Floor or Ground Space • R306.2.3 Audible Walk Indication • R306.2.3.1 Tones • R306.2.3.2 Volume

• R306.3 Pedestrian Pushbuttons – This section describes the requirements for the pedestrian pushbut-

ton signal activation • R306.3.1 Operation – Pedestrian pushbuttons shall comply with R405.4 • R306.3.2 Pushbutton Locator Tone – Pedestrian pushbuttons shall incorporate a locator tone at

the pushbutton. Pushbutton locator tone volume measured at 92cm (3 ft.) from the pushbutton shall be 2 dB minimum and 5 dB maximum above ambient noise level and shall be responsive to ambient noise level changes. The duration of the locator tone shall be 0.15 sec maximum and shall repeat at intervals of one second. The locator tone shall operate during the DON’T WALK and flashing DON’T WALK intervals only and shall be deactivated when the pedestrian signal is not operative.

• R306.3.3 Size and Contrast – Pedestrian pushbuttons shall be a minimum of 0.5cm (2 in.) across in one direction and shall contrast visually with their housing or mounting.

• R306.3.4 Optional Features – an extended button press shall be permitted to activate additional features. Buttons that provide additional features shall marked with three Braille dots forming an equilateral triangle in the center of the pushbutton.

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• R306.4 Directional Information and Signs – Pedestrian signal devices shall provide tactile and visual signs complying with R306.4 on the face of the device or its housing or mounting to indicate crosswalk direction and the name of the street containing the crosswalk served by the pedestrian signal. • R306.4.1 Arrow – Signs shall include a tactile arrow aligned parallel to the crosswalk direction.

The arrow shall be raised 0.8mm (.03 in) minimum and shall be 4mm (1.5 in) minimum in length. The arrowhead shall be open at 45 degrees to the shaft and shall be 33% of the length of the shaft. Stroke width shall be 10% minimum and 15% maximum of arrow length. The arrow shall contrast with the background.

• R306.4.2 Street Name – Accessible pedestrian signals (APS) shall include street name informa-tion aligned parallel to the crosswalk direction and shall comply with R409.3 or shall provide street name information in audible format.

• R306.4.3 Crosswalk Configuration – where provided, graphic of crosswalk configuration shall be tactile.

• R405.4 Operation : This section pertains to the operation of pedestrian pushbuttons. It states that operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate operable parts shall be 22 N (5 lbs.) maxi-mum.

References:

1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994

2. Accessible Rights-of-Way: A Design Guide, U.S. Access Board, November 1999

3. Designing Sidewalks and Trails for Access, Part 2, Best Practices Design Guide,

Federal Highway Administration, September 2001

4. Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State Highway and Transportation Officials (AASHTO), dated July 2004

5. Revised Draft Guidelines for Accessible Public Rights-of-Way, U.S. Access Board, November 23, 2005

6. Manual on Uniform Traffic Control Devices for Streets and Highways 2003 Edition, Federal Highway Administration

7. Designing Pedestrian Facilities for Accessibility, FHWA training course, Resource Center – San Francisco

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CONSTRUCTION AND TEMPORARY FACILITIES When construction zones encroach on sidewalks or crosswalks, pedestrians may suddenly find themselves hav-ing to make detours that may be unsafe, difficult to navigate or both. They may be forced to choose between picking their way through the construction site or walking in a busy street. This can be especially dangerous for the elderly and handicapped, who rely on well-maintained, well-marked sidewalks for safe mobility. The problem escalates when projects are built in phases and when construction zones change weekly or even daily. The needs and control of all road users (motorists, bicyclists, and pedestrians within the highway, including per-sons with disabilities in accordance with the ADA regulation at 28 CFR 35.130) through a TTC zone shall be an essential part of highway construction, utility work, maintenance operations, and the management of traffic inci-dents. These road users need a clearly delineated and usable travel path. Considerations for pedestrians with disabilities are addressed in Section 6D.02 of MUTCD. Current ADAAG Requirements

• 4.1.1 (4) Temporary Structures: These guidelines cover temporary buildings or facilities as well as permanent facilities. Temporary buildings and facilities are not of permanent construction but are extensively used or are essential for public use for a period of time. Examples of temporary buildings or facilities covered by these guidelines include, but are not limited to: temporary safe pedestrian passageways around a construction site. Structures, sites and equipment directly associated with the actual processes of construction, such as scaffolding, bridging, materials hoists, or construction trailers are not included.

• 4.3 Accessible Route: Contains requirements for all components of an accessible route, including walks.

• 4.3.3 Width: Minimum clear width of 36 inches

• 4.3.7 Slope: Maximum cross slope of 2%. Running slopes greater than 1:20 must comply with requirements of 4.8 Ramps.

• 4.3.8 Changes in Level: Flush or a maximum of ¼ inch, sloped 1V:2H for changes in level greater than ¼ inch up to ½ inch, comply with ramp requirements for changes greater than ½ inch.

• 4.7 Curb Ramps

• 4.7.1 Location: Curb ramps are required wherever an accessible route crosses a curb.

• 4.7.2 Slope: Same as for ramps. See ADAAG 4.8. Running slope shall be the least possible, but no greater than 1:12 maximum, except for alterations. In alterations, running slopes can be increased with some conditions. See ADAAG 4.1.6(3)(a). Cross slope shall be 1:50 maximum. The slope of adjoining gutter, road surface, or accessible route shall not exceed 1:20.

• 4.7.3 Width: Minimum 36 inches, exclusive of flares.

• 4.7.4 Surface: Must be firm, stable, and slip resistant.

• 4.7.9 Location at Marked Crossings: Curb ramps at marked crossings shall be wholly contained within the markings, excluding flared sides.

• 4.7.10 Diagonal Curb Ramps: Minimum clear space of 4 feet at the bottom of the ramp.

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Application and Best Practices Planning Pedestrian Access Consideration should be made to separate pedestrian movements from both work site activity and vehicular traffic. Unless a reasonably safe route that does not involve crossing the roadway can be provided, pedestrians should be appropriately directed with advance signing that encourages them to cross to the opposite side of the roadway. In urban and suburban areas with high vehicular traffic volumes, these signs should be placed at intersections (rather than mid-block locations). Advance notification of sidewalk closures shall be provided recognizing that pedestrians are reluctant to retrace their steps to a prior intersection for a crossing or to add distance or out-of-the-way travel to a destination. Where pedestrians with visual disabilities normally use the closed sidewalk, a barrier that is detectable by a per-son with a visual disability traveling with the aid of a long cane shall be placed across the full width of a closed sidewalk. In addition, pedestrians must never be diverted into a portion of the street concurrently used by moving vehicular traffic. Where required, fixed pedestrian ways using fences and canopies shall be considered. Adequate illumination and reflectorization is required during hours of darkness. Access to the workspace by workers and equipment across pedestrian walkways should be minimized because the access often creates unacceptable changes in grade and rough or muddy terrain, and pedestrians will tend to avoid these areas by attempting non-intersection crossings where no curb ramps are available. Where the alternate circulation path is exposed to adjacent construction, excavation drop-offs, traffic, or other hazards, it shall be protected with a pedestrian barricade or channelizing device complying with R302.4. Pedestrians should be provided with a reasonably safe, convenient, and accessible path that replicates as nearly as practical the most desirable characteristics of the existing sidewalk(s) or footpath(s). Where pedestri-ans who have visual disabilities encounter work sites that require them to cross the roadway to find an accessi-ble route, instructions should be provided using an audible information device. Accessible pedestrian signals (see Section 4E.06 of the MUTCD) with accessible pedestrian detectors (see Section 4E.09 of the MUTCD) might be needed to enable pedestrians with visual disabilities to cross wide or heavily traveled roadways. Alternate Pedestrian Access Routes When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, an alternate pedestrian access route complying to the maximum extent feasible with R301, R302, and Section 6D.01, 6D.02 and 6G.05 of the MUTCD (incorporated by reference; seeR104.2.1) shall be provided. Because these temporary facilities shall be detectable and shall include accessibility features consistent with the features present in the existing pedestrian facility, they should be avoided since pedestrians rarely observe them and the cost of providing accessibility and detectability might outweigh the cost of maintaining a continuous route. Whenever possible, work should be done in a manner that does not create a need to detour pedestrians from existing routes or crossings and to the maximum extent feasible, the alternate circulation path shall be pro-vided on the same side of the street as the disrupted route. When a separate usable footpath is provided, the footpath should not have any abrupt changes in grade or ter-rain that could cause a tripping hazard or could be a barrier to wheelchair use or irregular surface features, like granite pavers, cobble stones, and other types of rough or jointed surfaces. Because the pedestrian access route is subject to requirements in ADAAG (section 302), the surfaces are required to be firm, stable, and slip resistant. Openings that are more than 1/2 inch in one dimension, such as might occur in a grating, are prohibited.

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Provisions for Visual Disabilities Adequate provisions should be made for persons with disabilities. Because printed signs and surface delineation are not usable by pedestrians with visual disabilities, blocked routes, alternate crossings, and sign and signal information should be communicated to pedestrians with visual disabilities by providing audible information de-vices, accessible pedestrian signals, and barriers and channelizing devices that are detectable to pedestrians traveling with the aid of a long cane or who have low vision in addition to the markings requiring a minimum 70 percent contrast so that the barrier will be highly visible to pedestrians. The preferred method of providing information to pedestrians with visual disabilities that is equivalent to visual signage for notification of sidewalk closures is a speech message provided by an audible information device. Devices that provide speech messages in response to passive pedestrian actuation are the most desirable. Other devices that continuously emit a message, or that emit a message in response to use of a pushbutton with a locator tone are also acceptable. Signage information can also be transmitted to personal receivers, but cur-rently such receivers are not likely to be carried or used by pedestrians with visual disabilities in TTC zones. Au-dible information devices might not be needed if detectable channelizing devices make an alternate route of travel evident to pedestrians with visual disabilities. Maintaining a detectable, channelized pedestrian route is much more useful to pedestrians who have visual dis-abilities than closing a walkway and providing audible directions to an alternate route involving additional cross-ings and a return to the original route. Braille is not useful in conveying such information because it is difficult to find. Audible instructions might be provided, but the extra distance and additional street crossings might add complexity to a trip.

TEMPORARY TRAFFIC CONTROL DEVICES

Temporary Traffic Control (TTC) devices used to delineate a TTC zone pedestrian walkway shall be crashworthy and, when struck by vehicles, present a minimum threat to pedestrians, workers, and occupants of impacting vehicles. TTC devices, jersey barriers, and wood or chain link fencing with a continuous detectable edging can satisfacto-rily delineate a pedestrian path. Tape, rope, or plastic chain strung between devices are not detectable, do not comply with the design standards in the “Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG)” (see Section 1A.11), and should not be used as a control for pedestrian movements. Pedestrian barricades and channelizing devices shall be continuous, stable, and non-flexible and shall consist of a wall, fence, or enclosures specified in section 6F-58, 6F-63, and 6F-66 of the MUTCD (incorporated by refer-ence; see R104.2.4).

Barricades

Construction sites in or adjacent to the pedestrian access route shall be protected with a barricade in accordance with Section X03.2. Barricades shall be installed in the following locations: 1. Between the pedestrian access route and any adjacent construction site, 2. Between the alternate circulation path and any adjacent construction site, 3. Between the alternate circulation path and the vehicular way, if the alternate circulation path is

diverted into the street, 4. Between the alternate circulation path and any protruding objects, drop-offs, or other hazards to

pedestrians, 5. At the down curb ramp of an intersection, if the opposite up curb ramp is temporarily and completely

blocked, and no adjacent alternative circulation path is provided.

Barricades are not required where the construction site or alternate circulation path is enclosed with a solid, cane-detectable fence or wall. Where protection is provided using a solid fence or wall, a painted or applied hori-zontal 6-inch (150mm) minimum stripe in 70 percent contrast shall be provided at between 42 inches (1065mm) and 60 inches (1525mm) above the adjacent grade. Section of Barricade

Isometric view shows toe and protective rails at required heights. Curb Ramp Barricade

Isometric view shows a continuous toe rail and protective railing blocking the leading end and sides of a curb ramp.

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Barricade Specifications The construction barricade at the alternate circulation path shall be continuous, stable and non-flexible. It shall have a solid toe rail with its top edge at 6 inches (150mm) minimum in height and its bottom edge no higher than 1-1/2 inches (38mm) above the adjacent surface. It shall have a continuous railing mounted at a top height of 36 to 42 inches (915-1065mm) with diagonal stripes having at least 70 percent contrast. The top rail shall be paral-lel to the toe rail and be situated to allow pedestrians to use the rail as a guide for their hand(s) for way-finding purposes. No barricade support member shall protrude more than 4 inches beyond the toe rail into the alternate circulation path. Protruding Objects The draft guidelines address objects that may project into circulation paths in a manner hazardous to people with vision impairments. Unlike requirements for pedestrian access routes, these criteria would apply to the full circu-lation space of sidewalks and other pedestrian paths. Objects mounted on walls or posts with leading edges above the standard sweep of canes (27 inches) and below the standard head-room clearance (80 inches) would be limited to a 4-inch protrusion. Conclusion The extent of pedestrian needs should be determined through the cooperative efforts of the traffic engineers, construction inspectors, crew chiefs, contractors, and pedestrian advocates for each TTC zone situation. In gen-eral, pedestrian routes should be preserved in urban and commercial suburban areas. Alternative routing should be discouraged. To accommodate the needs of pedestrians, including those with disabilities, the following considerations should be addressed when temporary pedestrian pathways in TTC zones are designed or modified:

A. Provisions for continuity of accessible paths for pedestrians should be incorporated into the TTC proc-ess. Pedestrians should be provided with a reasonably safe, convenient, and accessible path that rep-licates as much as practical the desirable characteristics of the existing pedestrian facilities.

B. Access to temporary transit stops should be provided.

C. Blocked routes, alternate crossings, and sign and signal information should be communicated to pe-destrians with visual disabilities by providing devices such as audible information devices, accessible pedestrian signals, or barriers and channelizing devices that are detectable to the pedestrians travel-ing with the aid of a long cane or who have low vision. Where pedestrian traffic is detoured to a TTC signal, engineering judgment should be used to determine if pedestrian signals or accessible pedes-trian signals should be considered for crossings along an alternate route.

D. When channelization is used to delineate a pedestrian pathway, a continuous detectable edging should be provided throughout the length of the facility such that pedestrians using a long cane can follow it. These detectable edgings should adhere to the provisions of Section 6F.68.

E. A smooth, continuous hard surface should be provided throughout the entire length of the temporary pedestrian facility. There should be no curbs or abrupt changes in grade or terrain that could cause tripping or be a barrier to wheelchair use. The geometry and alignment of the facility should meet the applicable requirements of the "Americans with Disabilities Act Accessibly Guidelines for Buildings and Facilities (ADAAG)" (see Section 1A.11).

F. The width of the existing pedestrian facility should be provided for the temporary facility if practical. Traffic control devices and other construction materials and features should not intrude into the usable width of the sidewalk, temporary pathway, or other pedestrian facility. When it is not possible to main-tain a minimum width of 1500 mm (60 in) throughout the entire length of the pedestrian pathway, a 1500 x 1500 mm (60 x 60 in) passing space should be provided at least every 60 m (200 ft), to allow individuals in wheelchairs to pass.

F. Signs and other devices mounted lower than 2.1m (7 ft) above the temporary pedestrian pathway should not project more than 100 mm (4 in) into accessible pedestrian facilities.

Revised Draft Guidelines for Accessible Rights-of-Way R201.2 Temporary and Permanent Facilities: Temporary facilities covered by these requirements include, but are not limited to, temporary routes around work zones, portable toilets in the public right-of-way, sidewalk vend-ing facilities, street fair booths, performance stages and reviewing stands, and the pedestrian access routes that serve them. As permitted in R203.1.1, structures and equipment directly associated with the actual processes of construction are not required to be accessible. Elements are often placed on a sidewalk without coordination by different agencies or entities. The U.S. Department of Justice ADA regulations require that the usability of acces-sible features be maintained (28 CFR §35.133 and §36.211). R203.1.1 Construction Sites: Structures and sites directly associated with the actual processes of construction, including but not limited to, scaffolding, bridging, materials hoists, materials storage, portable toilet units provided for use exclusively by construction personnel, and construction trailers, shall not be required to comply with this part. R205 Alternate Pedestrian Access Route: When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, an alternate pedestrian access route complying to the maximum extent feasible with R301, R302, and Section 6D.01 and 6D.02 of the MUTCD (incorporated by reference; see R104.2.1) shall be provided. Advisory R205: Alternate Pedestrian Access Route. Same-side travel is preferred because it does not increase pedestrian exposure and risk of accident consequent upon added street crossings. A route that uses vehicle lane width may be shorter, safer, and more usable than one that requires two street crossings, even if the roadway surface is imperfect. Part 6D.01 of the MUTCD requires alternate routes to provide the best elements of accessibility provided in the pedestrian circulation route before its disruption. R210.3 Directional, Informational, and Warning Signs: Directional, informational, and warning signs shall comply with R409.5. Advisory R210.3: Directional, Informational, and Warning Signs. This provision applies legibility criteria to text signs. Examples of covered signs include, but are not limited to, sidewalk closure and pedestrian detour signing required by MUTCD. R214 Handrails: Where provided, handrails shall comply with R408. Advisory R214 Handrails: It may not be feasible to install handrails with fully complying features on existing developed rights-of-way if the full horizontal handrail extension would narrow a required pedestrian access route or be a hazard to cross traffic. Handrail design should not constitute a protruding object (see R401). R301.5.2 Surface Discontinuities: Surface discontinuities shall not exceed 13 mm (0.50 in) maximum. Vertical discontinuities between 6.4 mm (0.25 in) and 13 mm (0.5 in) maximum shall be beveled at 1:2 minimum. The bevel shall be applied across the entire level change. Advisory R301.5.2: Surface Discontinuities. Surfaces with individual units laid out of plane and those that are heavily textured, rough, or chamfered, will greatly increase rolling resistance and will subject pedestrians who use wheelchairs, scooters, and rolling walkers to the stressful (and often painful) effects of vibration. It is highly desirable to minimize surface discontinuities; when discontinuities on the pedestrian access route are unavoidable, they should be widely separated. R302.2 Location: To the maximum extent feasible, the alternate circulation path shall be provided on the same side of the street as the disrupted route. Advisory R302.2: Location. Where it is not feasible to provide a same-side alternate circulation path and pedestrians will be detoured, section 6D.02 of the MUTCD specifies that the alternate path provide a similar level of accessibility to that of the existing disrupted route. This may include the incorporation of accessible pedestrian signals (APS), curb ramps, or other accessibility features

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R302.3 Protection: Where the alternate circulation path is exposed to adjacent construction, excavation drop-offs, traffic, or other hazards, it shall be protected with a pedestrian barricade or channelizing device complying with R302.4. Advisory R302.3: Protection. When it is necessary to block travel at the departure curb to close a crosswalk that is disrupted by excavation, construction, or construction activity, care must be taken to preserve curb ramp access to the perpendicular crosswalk. This may require additional pedestrian channelization if only a single diagonal curb ramp serves the corner. Figures 6H-28 and 6H-29 of the MUTCD specify notification sign-age for pedestrian closings and detours. Audible signage triggered by proximity switches can provide information to pedestrians who do not use print signs.

R302.4 Pedestrian Barricades and Channelizing Devices: Pedestrian barricades and channelizing devices shall be continuous, stable, and non-flexible and shall consist of a wall, fence, or enclosures specified in section 6F-58, 6F-63, and 6F-66 of the MUTCD (incorporated by reference; see R104.2.4). R302.4.1 Detectable Base: A continuous bottom edge shall be provided 150 mm (6 in) maximum above the ground or walkway surface. R302.4.2 Height: Devices shall provide a continuous surface or upper rail at 0.9 m (3.0 ft) minimum above the ground or walkway surface. Support members shall not protrude into the alternate circulation path. R305.6.1 Separation: If walkways are curb-attached, there shall be a continuous and detectable edge treatment along the street side of the walkway wherever pedestrian crossing is not intended. Where chains, fencing, or railings are used, they shall have a bottom element 38 cm (15 in) maximum above the pedestrian access route. Advisory: Because the pedestrian crossings are located off to the side of the pedestrian route around the street or highway and noise from continuously circulating traffic may mask useful audible cues. Carefully delineated crosswalk approaches with plantings, low enclosures, curbs, or other defined edges can be effective in identifying the crossing location(s). Designers should consider ways to mitigate this hazard. References:

1. Americans with Disabilities Act Guidelines (ADAAG), U.S. Access Board, September 1994

2. US Access Board - Revised Draft Guidelines for Accessible Public Rights-of-Way, November 23, 2005

3. The 2003 Edition of MUTCD, Section 6D.01, 6D.02, & 6G.01

4. Building a True Community, Final Report - Public Rights-of-Way Access Advisory Committee, January 2001 (http://www.access-board.gov/prowac/commrept/part3-03.htm)

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VIII. Communications/Auxiliary Aids:

Title II ADA and Section 504 Requirements For Effective Communication The ADA Title II at Subpart E and the specific regulations in this subpart require for public entities that individuals with disabilities must have access to communication that is as effective as communication provided to individuals without disabilities, in order to have an equal opportunity to participate in programs, services, and activities. Similarly Section 504 at 49CFR §27.7 (c), requires that recipients shall take appropriate steps to ensure that communications with their applicants, employees, and beneficiaries are available to persons with impaired vision and hearing. The term "communication" in this context means the transfer of information, including (but not limited to) the verbal presentation of a STA official in a public hearing, the printed text of a document, and the resources of the Internet. This chapter reviews requirements for effective communication under the ADA Title II regulation and the USDOT Section 504 regulation. Title II ADA is more specific and prescriptive with respect to requirements for effective communications. Accordingly, the focus of this chapter will be on Title II ADA requirements. This chapter discusses the following:

• An overview of the requirements to provide effective communication; • Discussion of ADA requirements regarding the provision of auxiliary aids and services; • Discussion of other significant ADA requirements concerning communications--interpreter services,

telecommunication devices for the deaf, emergency telephone services, and information and signage; • Planning Accessible Conferences or Meetings

An Overview Of Communication Requirements Under the ADA regulation, public entities including state and local governments are required to ensure that indi-viduals with disabilities who access the public entity’s programs, services and benefits are able to experience communication that is as effective as that provided to people without disabilities [28 CFR § 35.160(a). People with visual, hearing, and speech disabilities must all have the opportunity to receive and present communication in a manner that is appropriate and effective [28 CFR § 35.160(a)]. Communication support must be provided in a manner that enables people with disabilities to participate on an equal basis with all others, unless to do so would result in a fundamental alteration in the nature of a service, program, or activity or in an "undue" financial or administrative burden [28 CFR § 35.164]. Such exceptions rarely apply. The STA’s self-evaluation must include a complete assessment of policies, procedures, and resources that will ensure that people with disabilities are not unlawfully excluded, segregated, or restricted in any way as the result of communication barriers. Unlike the ADA regulation, the Section 504 regulation for federally assisted programs does not contain a sepa-rate Subpart for communications. However, the Section 504 regulation does contain a number of nondiscrimina-tion requirements that result in an obligation to provide effective communication. Under USDOT’s Section 504 regulations, 49 CFR § 27.7 (c) recipients are required to take appropriate steps to ensure that communications with their applicants and beneficiaries are available to persons with impaired vision and hearing.

ADA Chapter 1

CONSIDERATIONS

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Applicable STA Programs, Services and Activities With respect to the provision of auxiliary aids to access STA programs, services and activities, the most likely of these will be public involvement activities in connection with the planning and construction of Federal aid con-struction projects. Specifically FHWA’s Environmental Impact and Related Procedures (23 CFR Part 771) have a number of requirements for public involvement. Specifically, 23 CFR 777.111 requires STAs to develop and implement public involvement policies and procedures. FHWA must approve these procedures as provided by 23 CFR 777.111(h)(1). Furthermore, 23 CFR 777.111 (h)(2)(iv) provides that STAs provide advance notice of public meetings and hearings for Federal aid highway construction projects. When reviewing and approving STA public involvement policies and procedures, FHWA should have the STA include its policy, procedure and practices for the provision of auxiliary aids in these activities. Other programs areas where auxiliary aids and effective communications may be required include, but are not limited to the following: bid opening events, DBE certification activities, right-of-way proceedings (appraisals, acquisitions), public telephone lines (511, project hotlines, pothole repair hotlines), law enforcement activities (if the STA has a law enforcement branch), groundbreaking/ribbon-cutting ceremonies, and rest area tourist information centers. Providing Auxiliary Aids and Services In order to provide equal access to public services, Title II requires entities to make appropriate auxiliary aids and services available whenever they are necessary to ensure effective communication [28 CFR § 35.160(b)(1)]. Upon the request of a qualified person with a disability, public entities must provide access to communication through appropriate auxiliary aids and services. Auxiliary aids and services include a wide range of services, equipment, and devices that provide effective communication to people with visual, hearing, or speech disabili-ties. Providing a qualified sign language interpreter for an individual who is deaf is an example of an auxiliary service under Title II. Other examples of auxiliary aids and services for people who are hard of hearing include note tak-ers, computer-aided real-time transcription services (CART), amplified and hearing-aid compatible telephones, assistive listening systems, open or closed captioning and caption decoders, text telephones, video relay or tele-communication devices for the deaf (TDDs), and flashing alarms. Auxiliary aids and services for people with visual disabilities include providing access to printed information through audiotape cassettes, computer diskettes, Braille or large print materials, or through the use of qualified readers; providing verbal descriptions of action and visual information to enhance the accessibility of perform-ances and presentations; and making a staff member available as a guide to enable a person with limited vision to find his or her way along an unfamiliar route. In addition to auxiliary aids and services that are available for use today, many other technologies will undoubtedly emerge in the future that will also constitute appropriate auxiliary aids and services. Guidelines For Determining Which Types Of Auxiliary Aids And Services To Provide The courts have held that a public entity violates its obligations under the Americans with Disabilities Act when it simply responds to individual requests for accommodation on an ad-hoc basis. A public entity has an affirmative duty to establish a comprehensive policy in compliance with Title II in advance of any request for auxiliary aids or services [see Tyler v. City of Manhattan, 857 F. Supp. 800, 815 (D.Kan. 1994)]. A recognized good practice in establishing such a comprehensive policy is to consult with the disability community, especially those members most likely to request accommodations. This can be accomplished during the self-evaluation and transition plan processes. The policy and procedure for the provision of auxiliary aids should not also be a stand-alone docu-ment, but can be included in other procedures, particularly the STA’s public involvement manual or procedures, It is crucial that the STA review each request for auxiliary aids individually and not provide/deny auxiliary aids under blanket policies. Accordingly, any request to an STA for an auxiliary aid must be evaluated on a case-by-case basis with careful consideration of the facts offered by the individual with a disability.

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Notice In processing requests for auxiliary aids, the STA must provide notice to all current and potential beneficiaries that it will provide auxiliary aids upon request. Neither Title II ADA nor Section 504 provides that auxiliary aids be provided for every program, service, activity and event. For example, STAs do not have to provide sign lan-guage interpreters at every public meeting or hearing, nor must every STA document be printed in Braille. There may be certain services, such as public telephone information lines (511, various hotlines), that must always be provided in an accessible manner via TTY phone access, or STA websites. However, when the STA does re-ceive requests for these auxiliary aids, it must consider these requests and provide the auxiliary aids according to the four-part test listed later in this section. The essential element for receiving these requests is to provide notice that auxiliary aids will be provided. How is that notice provided? Generally, with respect to documents, public information telephone lines and information provided via the Inter-net this notice should be provided in every STA document in the following manner: This document is available in the following formats for persons with disabilities --

• Braille

• Large print

• Audiocassette

• Electronic file on computer disk and electronic bulletin board

With respect to verbal information, as well as written/visual information provided at events, such as that provided in a public meeting, the STA should publish a notice in its meeting announcement that it will provide auxiliary aids upon request. The STA can require that such requests be made in advance of the event. The STA should provide in its notice a specific number of hours or days prior to the event that the request must be made in order to process the request. Neither Title II ADA nor Section 504 provide for a specific time period that requests must be made and processed, so the STAs have flexibility to establish these lead times given its available resources. As part of its oversight activities, FHWA should ensure that STA notices for public meetings and hearings have this notice. This notice should include also be published in and Federal Register notice of intent for the publish-ing of the Environmental Impact Statement. The notice should be written in the following manner: Persons with disabilities may request reasonable accommodations from the STA in order to fully participate in this meeting, such as a sign language interpreter, or this document in an alternative format, by contacting the ADA Coordinator, (555) 555-5555. Requests should be made as early as possible to allow for appropriate ac-commodations, but no later than 48 hours prior to the start time of this meeting. Another method of providing individual with disabilities with the means of requesting auxiliary aids is to provide a request form, which can be placed on the STA website or by contacting the STA’s ADA coordinator. This form can be used for situations where notice is not normally provided such as an meeting between the requesting individual with a disability and the STA official, or to access programs, services and activities that are available at the STA’s facilities on a regular basis. For public meetings, the STA can request that requestors fill out the form, which can be attached to the public meeting notice or instructions can be provided on how to obtain the form.

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Eligibility to Receive Auxiliary Aids The ADA regulation has a requirement (but not specifically contained in Section 504), that public entities must give "primary consideration" to the requests of the individual with disabilities in determining what type of auxiliary aid and service is necessary [28 CFR § 35.160(b)(2)]. This means the public entity must give each person with a disability an opportunity to request the auxiliary aid or service of his or her choice. It is important to consult with the individual to determine the most appropriate auxil-iary aid or service because the individual with a disability is most familiar with his or her disability and is in the best position to determine what type of aid or service will be effective. However, the STA is not required to provide the auxiliary aid in a proactive manner without asking the beneficiary or participant who is perceived to have a disability, but it must respond to a request for auxiliary aids. There may be situations where the individual does not feel a need to have an auxiliary aid. Furthermore, the STA is not required to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study (28 CFR § 35.135 - Personal devices and services); or services of a personal nature including assistance in eating, toileting, or dressing. In processing requests for auxiliary aids, two questions arise and detailed below is the manner in which a STA should proceed in reviewing and deciding upon requests for auxiliary aids. 1) Is the documentation of the requestor’s disability adequate? The STA can require that the requestor provide medical documentation that confirms the disability as well as the nature of the disability. The STA does have the right to refuse to provide the auxiliary aid if the requestor refuses to provide documentation crucial in the decision to grant or deny the auxiliary aid. However, the STA should rely upon the requestor to provide this information form his/her medical professional and should not obtain this information on its own unless permission is expressly granted by the requestor. For example, if a requestor who is deaf or hard of hearing asks for a sign language interpreter in order to participate in a public meeting, the STA can ask the requestor to provide an audio-logical evaluation (the STA is not required to pay for this evaluation) by a medical professional that details the nature of the hearing impairment, along with a note or memo from that professional indicating how the requestor will benefit from the use of the sign language interpreter. 2) Are the accommodations necessary? As part of the request, the requestor should provide specific information describing why the auxiliary aid is necessary to accommodate his/her disability with respect to the program, service, activity or benefit provided by the STA. The STA has the right to deny a request for auxiliary aids, or the auxiliary aid that is the preference of the requestor if he/she cannot demonstrate the necessity. For example, while the STA must give primary consideration to the requestor’s request for a sign language interpreter at a public meeting (as detailed in the example above), the STA can provide an assistive listening device if it can be demonstrated that the assistive listening device will be effective in providing access to the verbal information relayed at that meeting, especially if an audiological evaluation from a medical professional provided by the requestor confirms that the requestor can benefit from this device. However, if that evaluation states that the most effective means or the only means that will allow the requestor to participate in the public meeting is the provision of sign language interpreters, then the STA must provide the interpreters. Thoughtful planning is required to handle requests for auxiliary aids and services expeditiously. Under ADA, several factors that may influence whether a particular auxiliary aid or service provides effective communication includes the particular needs of the person requesting the auxiliary aid or service.

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For example, a pedestrian who is deaf wishes to attend a public meeting in her town sponsored by the STA discussing the new highway project in her community. The pedestrian is a native user of American Sign Language and knows little English. In advance of the meeting, Mary requested that the STA provide her with an interpreter who is qualified to interpret into American Sign Language. However, the local government who is planning the public meeting provides an interpreter who is qualified to interpret into Signed English. The local government has not provided Mary with communication that is equally effective to that provided to persons without disabilities. Given the short timeline from the awareness of an individual's need for an auxiliary aid or service to the occurrence of some programs and activities, requests may occasionally be made that cannot readily be met in a timely fashion. Although primary consideration should be given to the individual’s request, plans should also be in place for providing acceptable alternatives to requested auxiliary aids and services. In many instances, an alternative to the original request may be appropriate. Clear communication with the person making the request is essential in finding a suitable accommodation. Types of Auxiliary Aids Alternatives to Visual Communication Materials presented in a visual format can inhibit communication with persons who are blind or partially sighted. The following is a list of some of the auxiliary aids and services that may be used to overcome such barriers:

• Alternative Formats. It is essential that information be available in a variety of formats in order to be accessible to users with a variety of disabilities. For example, public entities should ensure that per-sons who are blind or have low vision have access to materials in Braille, on audiotapes, large print, and other formats.

• Braille is a tactile representation of written or printed language. It consists of characters made up of

arrangements of raised dots. Not all blind persons read Braille, but many prefer it to tapes because it is easier to scan, easier to refer back to for information, and easier to reference. Braille is sometimes the only alternative form of visual information that a deaf-blind person is able to access since tapes and large print may be inaccessible.

Many people who have limited vision are able to read large print. Print is measured in "point" size. Standard print is usually 10-12 point. Large print is print that is larger than 16 point, usually 18 to 22 point. Large print can be produced at low cost using a photocopier that can enlarge. Many computer programs have the option of printing enlarged documents or formatting text in various font sizes. The following are alterative methods and formats to visual communications:

• Reproducing written documents in oral format (read by a narrator or speaker) via cassette tape,

CD-ROM (i.e. MP3 or similar audio format) • Software that provide large print displays on monitors • Screen readers (also called speech synthesizers and voice output) that create "talking computers" that

read computer screens • Braille printers to reproduce computer screen content • Another form of Braille output is a "refreshable Braille screen" that can translate text from a computer

monitor to a Braille version presented on an attached piece of equipment • Magnification Devices to magnify written text

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Alternatives to Aural/Oral Communication People with various disabilities may be unable to receive or generate spoken communication. The following is a list of some of the most widely used devices that can assist with communication. The following are alterative methods and formats to Aural/Oral communications:

• Writing

• Computer-Aided Real-Time Reporting (CART)

• Assistive Listening Devices (FM Modulated)

• Telecommunication Devices for the Deaf (TDDs)

Telephone Amplification. (With respect to new construction, both the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities and the Uniform Federal Accessibility Standards contain scoping and technical requirements for accessible public telephones equipped with volume controls [§ 4.1.3(17)(b) and 4.31.5, Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (1991) and § 4.1.2(16)(b) and 4.31.5, Uniform Federal Accessibility Standards (1985)].)

• With respect to new construction, the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities also specifically requires hearing-aid compatible telephones [§ 4.31.5(1), Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (1991)]

• Electronic Speech Aids

• Captioning Television and Videotape Programming Interpreter Services When sign language interpretation is necessary, the ADA requires that it be provided by a "qualified interpreter." Under Title II of the ADA, the term "qualified interpreter" is defined as an individual who is "able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary" [28 C.F.R § 35.104]. To satisfy this requirement, the interpreter must have the proven ability to effectively communicate the type of information being conveyed. The Title II ADA regulation at 28 CFR § 35.104 defines a qualified interpreter as “an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary.” The interpreter qualifications most appropriate in each instance will vary. Certified interpreters are not required; in some cases, experienced interpreters familiar with the subject area will do a better job of capturing the content than a certified interpreter who lacks subject area expertise. It is generally not appropriate to use a family member or companion as an interpreter. The deaf or hard of hearing person has the right to request an impartial interpreter.

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One commonly asked question is when an interpreter is required. Although a notepad and pen for written communication may be sufficient for simple conversations, an interpreter may be necessary when the information is complex or the exchange is lengthy. For example, a public lecture should be interpreted for members of the audience who are deaf. Factors to consider in determining whether an interpreter is required include:

• the context of the event,

• the number of people involved, and

• the importance of the material being communicated [28 CFR § 35.160 (Preamble)]. Public entities are responsible for providing interpreter services upon request, when they are necessary for ef-fective communication, unless doing so would cause a fundamental alteration or undue burden [28 CFR 35.164]. Telephone Communications Although the Section 504 regulation does not specifically address TDDs, Title II specifically requires that where public entities communicate with the public by telephone, TDDs or equally effective means must be used to communicate with persons who have hearing or speech disabilities [28 CFR § 35.161]. Sometimes called text telephones (TTs) or teletypewriters (TTYs), these devices provide a printout or digital display (or both) that en-ables a person who is deaf or hard of hearing to hold a two-way conversation through the written word. A tele-phone that is not equipped with a TDD device can receive a call from a TDD user only if a relay system is used to provide a spoken interface. Title IV of the ADA, which covers telecommunications, requires all common carriers that provide telephone voice transmission services (i.e., telephone companies) to have provided telecommunications relay services through-out the area in which they provide service by July 26, 1993 [47 U.S.C. 225 (1990)]. Compliance with Title IV is the responsibility of the Federal Communications Commissions. Telephone relay services required by Title IV of the ADA generally may be used to meet the requirement of ADA Title II that public entities provide TDDs or equally effective telecommunication systems. TDDs or equally effective telecommunication systems, such as telecommunication or video relay services provided by telephone companies, should be provided at all public entities that provide for interaction with the public. STAs should carefully evaluate any complaint or inquiry it re-ceives regarding TDD or TTY service to determine jurisdiction. Generally, it is a Title II issue under 28 C.F. R. § 35.161 if an STA has the ability to effect or control issues re-lated to the TDD/TTY service, such as the failure to provide telephone services or failure to provide accessible telephones in newly constructed or altered buildings and facilities. However, issues regarding TDD/TTY service beyond the control of the STA, such as the issues relating to the telephone companies’ provision of the service, are Title IV issues and those queries or complaints should be directed to the FCC. Emergency Telephone Services Many public entities provide telephone emergency services by which individuals can seek immediate assistance from police, fire, ambulance, and other emergency services. These telephone emergency services--such as "911" services--are clearly an important public service whose reliability can be a matter of life and death. The Title II regulations at 28 CFR § 35.162 states that telephone emergency services, including 911 services, shall provide direct access to individuals who use TDDs and computer modems.

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Under Title II of the ADA, but not Section 504, public entities that operate telephone emergency services must provide direct access to individuals who use TDDs and computer modems for telephone communication [28 CFR § 35.162]. "Direct access" means that emergency telephone services are able to receive calls from TDDs and computer modem users without relying on outside relay services or third-party services. A public entity may, however, operate its own relay services within its emergency system, provided that the services for non-voice calls are as effective as those provided for voice calls in terms of time response. Accessibility of STA Websites to People with Disabilities The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available. For example, job announcements and application forms, if posted on an accessible website, would be available to people with disabilities 24 hours a day, 7 days a week. According to the US Department of Justice publication: “Accessibility of State and Local Government Websites Government Websites to People with Disabilities,” two important resources provide guidance for web developers designing accessible web pages. One is the Section 508 Standards, which Federal agencies must follow for their own new web pages. To learn more about the Section 508 Standards:

• The Access Board maintains information on its website at www.access-board.gov and has a useful

guide for web developers at www.access-board.gov/sec508/guide/1194.22.htm;

• The Department of Justice has information about accessible web page design in an April 2000 report to the President. This report is available at www.usdoj.gov/crt/508/report/content.htm, and

• The General Services Administration hosts an online course for web developers interested in accessible web design. This program was developed in conjunction with the Access Board, the Department of Justice, and the Federal Highway Administration and provides an interactive demonstration of how to build accessible web pages. This course is available at www.section508.gov, which also provides information about the Federal government’s initiative to make its electronic and information technology accessible to people with disabilities.

This USDOJ document also lists as a resource, the Web Content Accessibility Guidelines developed by the Web Accessibility Initiative. These guidelines help designers make web pages as accessible as possible to the widest range of users, including users with disabilities. The Web Accessibility Initiative is a subgroup of the World Wide Web Consortium — the same organization that standardizes the programming language followed by all web developers. Information for web developers interested in making their web pages as accessible as possible, including the current version of the Web Content Accessibility Guidelines (and associated check-lists), can be found at www.w3c.org/WAI/Resources. Information about the Web Accessibility Initiative can be found at www.w3c.org/WAI. The USDOJ document also provides the following suggestions for public entities in order to develop a voluntary action plan:

• Establish a policy that your web pages will be accessible and create a process for implementation.

• Ensure that all new and modified web pages and content are accessible: o Check the HTML of all new web pages. Make sure that accessible elements are used, including

alt tags, long descriptions, and captions, as needed. o If images are used, including photos, graphics, scanned images, or image maps, make sure to

include alt tags and/or long descriptions for each. o If you use online forms and tables, make those elements accessible. o When posting documents on the website, always provide them in HTML or a text-based format

(even if you are also providing them in another format, such as Portable Document Format (PDF)).

• Develop a plan for making your existing web content more accessible. Describe your plan on an accessible webpage. Encourage input on improvements, including which pages should be given high priority for change. Let citizens know about the standards or guidelines that are being used. Consider making the more popular web pages a priority.

• Ensure that in-house staff and contractors responsible for web page and content development are properly trained.

• Provide a way for visitors to request accessible information or services by posting a telephone number or E-mail address on your home page. Establish procedures to assure a quick response to users with disabilities who are trying to obtain information or services in this way.

• Periodically enlist disability groups to test your pages for ease of use; use this information to increase accessibility.

References

• Educational Resources Information Center, Planning Accessible Conferences and Meetings: An ERIC/OSEP Information Brief for Conference Planners, on the web at http://ericec.org/digests/e735.html

• Rehabilitation Engineering and Assistive Technology Society of North America, Technical Assistance Project, Arranging Accessible Meetings, on the web at http://www.resna.org/tap/tapbull/tapaug.htm

• Educational Resources Information Center, Planning Accessible Conferences and Meetings: An ERIC/OSEP Information Brief for Conference Planners, on the web at http://ericec.org/digests/e735.html

• Rehabilitation Engineering and Assistive Technology Society of North America, Technical Assistance Project, Arranging Accessible Meetings, on the web at http://www.resna.org/tap/tapbull/tapaug.htm

• US Department of Justice, “Accessibility of State and Local Government Websites Government Web-sites to People with Disabilities,” on the web at http://www.ada.gov/websites2.htm

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I. ROLES AND RESPONSIBILITIES

GOVERNMENT AGENCIES AND THEIR RESPONSIBILITIES WITH RESPECT TO HIGHWAY PROGRAMS AND SERVICES

Federal Government Agencies:

Department of Justice (DOJ): The DOJ is designated as the regulatory and enforcement agency for civil rights legislation. U.S. Access Board: Under the ADA, the Access Board has developed and continues to maintain design guidelines for accessible buildings and facilities known as the ADA Accessibility Guidelines (ADAAG). ADAAG covers a wide variety of facilities and establishes minimum requirements for new construction and alterations. The Board also enforces the Architectural Barriers Act (ABA) through the receipt of complaints. The ABA requires access to certain facilities designed, built, altered, or leased with Federal funds. Like ADAAG, the Board’s ABA accessibility guidelines apply to new construction and alterations. The Access Board is currently developing the Pedestrian Right-of-Way Accessibility Guidelines, as well as similar guidelines for trails and ferry boats. U.S. Department of Transportation (DOT): The DOT is the agency designated by the U.S. Department of Justice (DOJ) that oversees compliance of State and local governments to Section 504 and ADA, Title II. The DOT adopted the Americans with Disabilities Act Accessibility Guidelines (ADAAG) as design standards for implementing Section 504 and ADA in designated public transportation, involving transportation by bus, rail or other general public conveyance. 49 CFR 27.3(b) and 23 CFR 37.3, 37.9. USDOT allowed either the ADAAG or the Uniform Federal Accessibility Standards (UFAS) to be the accessibility standard for all other entities provid-ing pedestrian facilities and receiving federal funding under Section 504. 49 CFR 27.3(b). Federal funds cannot be used for projects and programs that discriminate against people with disabilities.

FHWA has compliance and implementing responsibilities for roadways and pedestrian facilities, as well as any program, service or activity that receives Federal financial assistance from FHWA.

National Council on Disability (NCD): The NCD provides recommendations to the President and Congress on overall policy issues affecting persons with disabilities, and reports on a Federal agency’s activities and responsibilities relating to disability compliance.

State Government Agencies:

State Departments of Transportation (or State Highway Departments): State executive agencies that are tasked the planning, design, construction, operation and maintenance of roads, highways and related facilities. Metropolitan Planning Organizations (MPOs) organizations that perform transportation planning activities for metropolitan areas with a population of 50,000 or more as authorized by 23 CFR 450.316. There are other State and local government agencies who have responsibilities for roads and highways (toll authorities for which ac-cess to activities, programs, facilities, and services must comply with ADA, Title II). If they are Federal-aid recipi-ents they must also comply with Section 504 of the Rehabilitation Act and US DOT 49 CFR regulations. FHWA Federal aid recipients may include local governments, ferry boat operators, transit operators, non-profit

ADA/504 Chapter 2

IMPLEMENTATION

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organizations, and other State and local government agencies (a State department of natural resources may receive Federal-aid grants for the Recreational Trails program or a college/university may received research grants from FHWA via the STA). References: • “Design Guidance: Accompanying Bicycle and Pedestrian Travel: A Recommended Approach, A U.S. DOT

Policy Statement on Integrating Bicycling and Walking into Transportation Infrastructure (Federal Highway Administration)

• The Americans with Disabilities Act Title II Technical Assistance Manual—(U.S. Department of Justice) • Title II Guide for State and Local Governments, (Adaptive Environments, Inc.)

Federal Highway Administration Compliance And Oversight Responsibilities Under Title II Of The ADA And Section 504

Civil rights laws and implementing regulations extend to every facet of the Federal-aid highway program. This includes the design and construction of highways…from planning to project development, right-of-way, safety, and protecting the human and natural environment. As such, the FHWA has a fundamental responsibility to en-sure that public funds are not spent in any fashion, which encourages, entrenches, subsidizes or results in dis-crimination. As leaders for national mobility and stewards for national highway programs, FHWA has an inher-ent responsibility to ensure that all persons regardless of race, color, national origin, gender, age, disability or religion, share in the benefits of the transportation investments in our highway program. With regards to nondiscrimination on the basis of disability, FHWA programs and actions must be aimed at providing a fully accessible transportation system and that our State and local partners have accessible programs and services. Each technical discipline within FHWA has some responsibility for ensuring that transportation facilities are planned, designed, constructed, and maintained with accessibility in mind. This is accomplished through stewardship and oversight over all Federal, State, and local governmental agencies that build and maintain highways and roadways, whether or not they use Federal funds on a particular project. FHWA has developed key processes intended to assist transportation practitioners in evaluating the effects of a transportation action on a community, its residents (including persons with disabilities) and their quality of life. Community Impact Assessment (CIA), Context Sensitive Solutions (CSS), Environmental Justice (EJ), and Safe Routes to Schools (SRS) are examples of a few of FHWA’s key programs in which the human environment is strongly considered in shaping the outcome of a project.

FHWA is responsible for preventing discrimination against persons with disabilities through two overlapping duties: (1) oversight of Federal-aid and Federal Lands projects under the Section 504 of the Rehabilitation Act; and (2) oversight of public rights-of-way activities of public entities (that build and maintain highways and road-ways) under Title II of the ADA. Four organizational levels exist within FHWA, with responsibility for administer-ing the Federal-aid/Federal Lands Highway Programs. While each performs unique business functions as iden-tified below, together these units strive to achieve a common mission - to enhance mobility through innovation, leadership and public services.

FHWA Headquarters Responsibilities

• Leadership on Strategic Initiatives

• Policy Development

• Provide Overall Agency Direction

• Issue and Update Regulations/Guidelines/Program Policy & Procedures

The FHWA Headquarters office provides leadership and agency direction in the way of policies, regulations, guidelines and procedures. Responsibility for ADA implementation/enforcement does not solely rest with the Office of Civil Rights. The Office of Infrastructure, and to a lesser degree, the Offices of Planning, Environment,

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Right-of-Way, and Safety, also play a role in making our transportation system accessible. Each program office should incorporate accessibility requirements/considerations into their respective regulations/policies (as appli-cable) and ensure consistent implementation by FHWA field offices. Each program office is also responsible for ensuring that its guidelines/procedures are kept up-to-date.

FHWA Resource Center Responsibilities

• Provide Technical Assistance • Identify & Share Best Practices (Technology Deployment) • Develop and Conduct Specialized Training • Aid Headquarters in Conducting Investigations & Compliance Activities

The Resource Center staff are regarded as experts in their respective technical fields. They are responsible for providing technical assistance and training (as requested by FHWA Divisions and State DOTs), and for sharing and identifying state-of-the-art best practices/new technology. They are responsible for providing outreach, education, technical assistance and training in consultation with FHWA Headquarters Office of Civil Rights. Each staff member in a technical discipline must possess adequate knowledge of FHWA responsibilities under Section 504/ADA, and apply that knowledge, as appropriate, in respective program activities (i.e., technical assistance and training). The Resource Center Civil Rights staff are called upon, as needed, to assist the FHWA Headquarters Civil Rights Office in Section 504/ADA complaint investigations and compliance reviews.

FHWA Federal-aid Division Office Responsibilities

• Provide Front-line Program Delivery • Provide Technical Assistance • Approval Authority for State Program Activities • Oversight & Enforcement • Aid HQ in Conducting Investigations & Compliance Activities

The Division Offices are responsible for providing front-line program delivery within their respective State. The Division provides technical assistance and has approval, oversight and enforcement authority for many State program/project activities associated with the Federal-aid program. Accordingly, the Divisions must work with their State and local partners to ensure (1) appropriate accessibility features are incorporated into transportation facilities, and (2) associated programs and activities are conducted in a manner that removes barriers/does not present barriers to persons with disabilities. Division Office staff achieve ADA/504 compliance in three ways: 1) program oversight; 2) project oversight; and 3) complaint investigation and resolution.

Federal Lands Highway Divisions Responsibilities

• Administer the Federal Lands Highway Program • Provide Highway Engineering & Construction-Related Services to Government

Agencies, FHWA offices, and foreign countries • Training Ground for New FHWA Trainees & for Testing/Evaluating New Technologies

The FHWA Federal Lands Highway Office (HFL-1) through cooperative agreements with Federal land managing agencies administers a coordinated Federal Lands Highway Program (FLHP), including program coordination, planning and engineering studies, survey, design, construction and rehabilitation of the highways and bridges providing access to federally owned lands. The FLHP, as an adjunct to the Federal-Aid Highway Program provides funding for more than 90,000 miles of federally owned and public authority-owned roads, which serve Federal lands. The primary purpose of the FLHP is to provide funding for a coordinated program of public roads that serve the transportation needs of the Federal lands which are not a State or local government responsibility.

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The FLHP is administered through partnerships and interagency agreements among the FHWA, Bureau of In-dian Affairs, U.S. Forest Service, National Park Service, and the U.S. Fish and Wildlife Service. Interagency agreements have been developed between the FHWA and the partner agencies for these programs. These agreements cover the standard procedures for coordinating the respective programs. Agreements for these and other FLH programs are accessible through the Electronic Centralized Agreement Library (E-CAL). The FLHP program contains five categories funded under the Highway Trust Fund:

• Indian Reservation Roads (25 CFR Part 170) • Park Roads and Parkways (23 CFR 204) • Forest Highways (23 CFR 204) • Public Lands Highways (23 CFR 204) • Refuge Roads (23 CFR 204)

The FLHP statutory provisions are contained in 23 United States Code, Sections 201 through 204, primarily Sec-tion 204. The FLHP regulations for Forest Highway, Indian Reservation Roads, and Defense Access Highways are in 23 CFR Part 660 – Special Programs (Direct Federal). There are other highway programs in addition to the FLHP that are administered by FLH:

• Defense Access Highways (23 USC Section 210) • Emergency Relief for Federally-owned Roads (23 USC Section 125) • Special FHWA funded projects serving Federal and Tribal lands (various legislation) • Special Federal Agency, State and local funded projects (23 USC Section 308) • Technical assistance to Territorial Governments (23 USC Section 215) • International assistance

In addition to the above programs, the FLH also provides transportation-related technical assistance and expertise to FHWA offices and other agencies as requested. FLH projects provide an excellent opportunity for training FHWA staff and for testing, evaluating, and implementing new technologies. For administration of funding for projects that are on roads owned by State or local public road agencies, as typically the case for the Forest Highways, Public Lands Highways and Defense Access Highways, the FLH has responsibility to fully implement the Section 504/ADA guidelines, which are specifically applicable to these State and local public entities. For administration of funding for projects that are federally owned, such as Park Roads and Parkways, Refuge Roads, and Indian Reservation Roads, the ADA guidelines by law do not strictly apply to such Federal entities. However, FLH practice is to fully implement the ADA guidelines on all FLH projects for consistency. FLH practice is to incorporate accessibility features on all projects, where applicable, in confor-mance with ADAAG or UFAS, AASHTO Green Book and MUTCD, and only incorporate into FLH projects those design standards and specifications that meet or exceed accessibility standards. Also, FLH is responsible to comply with all Section 504/ADA guidelines applicable to the FHWA’s own respective governmental activities, such as FHWA internal personnel policies, operational procedures and Federal acquisition and contract authorities. Indian Reservation Roads Design Guidance For IRR program see FAPG Non-regulatory Non-CFR-Related Guidance G 6090.17; specifically (b) The BIA will accomplish the preparation of the PS&E in accordance with the following policies and procedures:

(1) Projects will be designed in accordance with standards, specifications, policies, and guides prescribed in 23 CFR, Part 625, Design Standards for Highways, or the approved BIA Road Location and Design Hand book, as applicable. Careful consideration should be given to location, alignment, and design on new low-volume type roads so the initial investment will not be lost if it becomes necessary at a later date to improve the road to higher standards. The BIA is responsible for

submitting the BIA Road Location and Design Handbook to the FHWA for review and approval. Also see Final Rule for 25 CFR Part 170

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Park Roads and Parkways The MOU with the National Park Service (NPS) establishes procedures for administration of the park road and parkway program. The FHWA has the responsibility for program oversight and will provide engineering, plan-ning, design, and construction services through the Federal Lands Highway Divisions. The NPS is responsible for the transportation planning and environmental process including protection of park values. The NPS and FHWA jointly determine respective responsibility for execution of the approved program. FHWA is available to perform planning assistance, research, engineering studies, traffic engineering services, project development, and construction contract administration. The FHWA ensures that the performance of the work generally con-forms with similar established policies of 23 U.S.C. 204. The NPS is responsible for providing architectural and landscape architectural services to ensure that the highest standards of aesthetics and resource protection are followed in the placement of road prisms and the design of structures appurtenant to park roads and parkways. Based upon the NPS's approved program of projects, NPS and FHWA jointly agree on a division of program responsibility and share the supervision for carrying out the projects. For those activities and projects NPS requests FHWA to undertake, the FHWA performs planning and engineer-ing studies, inventories, investigations, reconnaissance surveys, or other studies with the participation of the NPS and submits them to NPS for review and concurrence. FLH also prepares plans, specifications, and cost estimates, (PS&E) which are submitted for approval to the NPS, who retains basic responsibility for all projects, including preliminary and final design approval. FHWA and NPS collaborate and cooperate to assure that the plans and specifications conform to park management plans and accommodate NPS aesthetic and environ-mental and cultural resource protection considerations for the particular park or proposal. The NPS is the lead agency responsible for the preparation of environmental documents for proposed projects, including the public notification and involvement process, with FHWA participating as a cooperating agency. As determined appro-priate on a project-by-project basis, NEPA documents are subject to coordination and review by FHWA. See FAPG Non-regulatory Non-CFR-Related Guidance G 6090.13 ; specifically (b) Design standards: Highway projects shall be designed in accordance with standards prescribed in 23 CFR, Part 625. Standards other than those prescribed in 23 CFR, Part 625, are acceptable when such standards have been developed by the client agency to meet the requirements of 23 CFR Chapter II, Part 1230 or have been agreed upon by interagency agreement. In addition, when the client agency requests deviations from standards, for routes traversing scenic areas or primarily serving recreation traffic or low traffic volumes or when necessary to preserve aesthetic fea-tures, full consideration should be given to these requests. The Division Engineer shall, however, invite attention of the responsible officials of that agency to any design features which he/she considers to be inconsistent with the needs as indicated by safety and anticipated traffic requirements. Forest Highways and Public Lands Highways See 23 CFR Part 660 For Design Guidance see 23 CFR Part 625 Refuge Roads See Refuge Roads References FHWA’s External Complaint Processing Procedures

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State Transportation Agencies Role in ADA/504

With respect to Title II ADA, virtually all STAs in the United States (as defined in the Definitions section of the Desk Reference) fall within the regulatory definition of Title II of the ADA for “public entity” (28 CFR 35.104) which means: “1) Any State or local government; 2) Any department, agency, special purpose district, or other instrumentality of a State or States or local government..” This includes STAs, (as defined in the Definitions sec-tion of the Desk Reference), MPOs, county and municipal departments of transportation, toll road/bridge/tunnel authorities, airport authorities, transit agencies and sea/river port authorities (which in some locations build, own, operate and maintain roads and highways). Accordingly, all regulatory requirements of Title II ADA applies to these entities regardless of whether or not the STA receives Federal financial assistance from FHWA. With respect to Section 504, those STAs that receive Federal Financial Assistance from FHWA must also com-ply with Section 504, in addition to Title II ADA. Unlike other FHWA programs, where FHWA oversight authority and compliance responsibilities are limited to activities that receive Federal funds (the Disadvantaged Business Enterprise program, Federal-aid construction projects) or are limited by other means (whether a project is on the National Highway System), the regulatory requirements of Section 504 apply to all programs, services, activities and projects of the STA, whether or not Federal Financial Assistance is used for the specific program, service, benefit, activity or project. For example, a resurfacing project of a State highway with pedestrian facilities that is paid for with STA funds only and not FHWA Federal aid must comply with both Title II ADA and Section 504. This is due to the Civil Rights Restoration Act of 1987, which clarified the intent of Congress to include all programs and activities of Federal-aid recipients, sub-recipients and contractors. This statute clarified the intent of Congress as it relates to the scope of Title VI of the Civil Rights Act of 1964 and related nondiscrimination statutes. This legislation remedied the Supreme Court's decision in the case of Grove City College v. Bell, 465 U.S. 555 (1984), which limited the reach of Federal agency nondiscrimination requirements to those parts of a recipient's operation that directly benefited from Federal assistance. With respect to sub-recipients, if a STA extends Federal aid and distributes such aid to a STA or another governmental entity, all of the operations of the entity which distribute the funds and all of the operations of the department or agency to which the funds are distributed are covered. Even corporations, partnerships, or other private organizations or sole proprietorships are covered in their entirety if such an entity receives Federal financial assistance which is extended to it as a whole or if it is principally engaged in certain types of activities. “Federal Financial Assistance” constitutes, and is limited to the following: a grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty) in the form of: (a) Funds; (b) Services of Federal personnel; or (c) Real or personal property or any interest in, or use of such property (please refer to the Definitions section for a more detailed definition). However, according to USDOJ’s Title VI Compliance Manual, the following are not considered Federal Financial Assistance:

• Licenses (FCC TV/Radio Station License) • Statutes or Regulations (Title VI) • Federally owned and operated programs (Air Traffic Control, National Parks) • Insurance (FDIC, SBA insured loans) • Federal Procurement Contracts • Direct aid to “ultimate beneficiaries” (SSI, Food Stamps)

It must also be noted that beneficiaries, within the meaning of the Section 504 regulatory definition of “recipient,” who are ultimate beneficiaries of a program, service, benefit, activity or project of the recipient, do not have a compliance obligation under Section 504. Example: In the context of a reconstruction or resurfacing of an Interstate highway that is located within a municipality, the municipality where the altered section of Interstate is located, as well as the motorists who use it, would be a beneficiary of the STA’s program, the provision of an Interstate highway. Both the municipality and the motorists did not receive Federal Financial Assistance, but do use or benefit from the program or service of the STA or the Interstate highway. However, if the municipality received a Transportation Enhancement grant

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from the STA to construct or rehabilitate a transportation facility, the municipality becomes a sub-recipient of the STA and the requirements of Section 504 would apply not only to that facility but to all highway transportation programs, services and activities of the municipality. ADA/504 Compliance Matrix The table below delineates which entity has responsibility over roads, highways and pedestrian right-of-way facilities and the law/regulations with which the entity must comply. When an entity must comply with Section 504 and ADA, it must choose compliance standards and methods of accessibility that provide the highest level of accessibility.

Institutions Section 504 ADA

STA Recipients (STAs) and their Subrecipients (MPOs)

X X

Local Governments that DO receive FHWA Funds

X X

Local Governments that DO NOT receive FHWA funds

X

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II. DOCUMENTATION

Essential Documents Detailed below is a list of documents that the STAs must have either to comply with the requirements of Title II ADA and Section 504, or to operate an effective ADA/504 Program. These documents must be provided upon request to FHWA. These documents may prove useful when conducting compliance, process or program reviews or when conducting a program evaluation using the Technical Assistance Tool contained in this Desk Reference or the Handbook.

General A copy of any process, program or compliance review conducted by the STA and/or FHWA that reviewed any ADA/504 matter or issue.

Assurance

ADA/504 Policy • A copy of the STA’s written assurance to FHWA that it will comply with Section 504 and not

discriminate on the basis of disability in its programs, services and activities in compliance with Section 504.

• A document that contains language that will appear in contracts made with sub-recipients, in which

the sub-recipient agrees that it will not discriminate on the basis of disability and that it will comply with Section 504.

• A copy of any signed contract that contains the STA’s written assurance to FHWA and the

sub-recipients assurance to the STA. • A copy of the STA’s ADA/504 policy, if available. • A list of STA documents where the written assurance appears or planned to be inserted. • One copy of each publication in which the Assurance and/or the ADA/504 policy appears.

ADA/504 Coordinator

• A document that contains the name, office address, office phone number, office e-mail address of the STA’s ADA/504 Coordinator. The document should also denote if the ADA/504 Coordinator is a full-time position or if the individual has another job title and the ADA/504 Coordinator duties are collateral or secondary in nature. Also provide the name and Title of the STA official to whom the ADA/504 Coordinator reports. If there is more than one ADA/504 Coordinator, provide the information detailed above for those individuals as well.

• A list of the ADA/504 Coordinator’s duties. • A list of the alternative formats in which the ADA/504 Coordinator information is made known to

those with visual and hearing impairments. • Copy of each format in which ADA/504 Coordinator information is made known to those with visual

and hearing impairments. 3 — 9

ADA/504 Chapter 2

IMPLEMENTATION

Public Notice of Non-Discrimination • The STA’s Notice of Nondiscrimination, which must inform the public that the STA will not

discriminate on the basis of disability in its programs, services and activities in compliance with Section 504 and Title II ADA.

• A list of STA publications where the Notice of Nondiscrimination appears or planned to be inserted. • One copy of each publication in which the Notice of Nondiscrimination appears.

Grievance Procedures

• A copy of the STA’s internal grievance procedure that allows for quick and prompt solutions for any complaints based on alleged noncompliance with ADA/504 (this can be a general STA external complaint procedure of a specific ADA/504 grievance procedure).

• The STA’s list or database of its ADA/504 complaints, going back five years. This list should denote the following: Complainant, respondent, allegations, issues, when the complaint was received, when the complaint was concluded and how it was concluded.

• A copy of the complaint form used to file a complaint under the ADA/504 grievance procedure. • A list of the names, job titles, office address, office phone numbers and office e-mail address of each

STA ADA/504 complaint grievance investigator. Self-Evaluation

• A copy of the STA’s self-evaluation of its current services, policies, and practices, and the effects thereof, to determine necessary modifications to achieve program accessibility. This includes the initial self-evaluation as well as any subsequent updated.

• A list of individuals who developed the self-evaluation, if not listed in the self-evaluation. • Copies of any comments received from interested individuals while the self-evaluation was being

developed.

Transition Plan • A copy of the STA’s transition plan that outlines which structural modifications must be made to

those programs and services that are not accessible. This includes not only the initial transition plan, but any updates, changes or amendments to the transition plan.

• A copy of the STA’s curb ramp installation schedule as part of the transition plan for pedestrian

facilities it owns, operates and/or maintains. • A list of individuals who developed the transition plan, if not listed in the transition plan. • A list of interested persons outside the STA, including individuals with disabilities or organizations

representing individuals with disabilities, who participated in the transition plan process by submitting comments.

• Copies of the written comments regarding the transition plan provided to the STA. • A copy of the Statewide Transportation Improvement Plan (STIP) (pertinent sections at a minimum),

Metropolitan Planning Organization (MPO) Transportation Improvement Plan (if applicable) and the STA’s Bicycle/Pedestrian plan.

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Program and Facility Accessibility (Buildings, Multi-Modal Transportation Facilities and Other Facilities) • A copy of the STA’s policy for providing accessibility to its programs, services, benefits and activities

(other than for communications/auxiliary aids and physical accessibility of buildings and pedestrian rights-of-way).

• A copy of the STA’s policy with respect to choice of using the ADA Accessibility Guidelines (ADAAG) or the Uniform Federal Accessibility Standards (UFAS) or another standard (a state accessibility code) when constructing new buildings or when altering existing buildings.

• A copy of the STA’s policy for making undue burden determinations due to financial and

administrative reasons when providing accessible programs, services, benefits and activities, as well as for alterations to historical properties (including pedestrian facilities and communications/auxiliary aids).

• The form or document used by the STA to document undue burden determinations. • A copy of the STA’s policy for making technical infeasibility or structurally impracticability

determinations when undergoing new construction or altering existing facilities. • The form or document used by the STA to document technical infeasibility or structural

impracticability determinations.

• A copy of the STA’s policy for accessible rescue assistance devices and services. Accessibility of Pedestrian Rights-of-Way Facilities (PROW)

• A copy of the STA’s policy with respect to choice of using the ADAAG or the UFAS or another standard (a State accessibility code) when constructing new pedestrian facilities or when altering existing pedestrian facilities.

• A copy of State law or statute and/or STA policy for legal crosswalks and pedestrian routes

(i.e. can pedestrians walk legally on a shoulder?). • A copy of State law or statute and/or STA policy for maintenance or jurisdictional agreements with

another entity (local government) to operate and maintain pedestrian facilities in the STA’s right-of-way.

• A copy of the STA’s standard specifications and drawings for curb ramps, detectable warnings and other pedestrian facilities.

• A copy of the STA’s policy and procedure for processing citizen requests for the installation of

pedestrian facilities. • A copy of the STA’s policies and procedures for its local aid program (to counties and

municipalities). • A copy of the STA’s policies and procedures for its Transportation Enhancement program (to

counties and municipalities). • A copy of the STA’s policy for making technical infeasibility or structurally impracticability

determinations when constructing new pedestrian facilities or altering existing pedestrian facilities. • The form or document used by the STA to document technical infeasibility or structurally

impracticability determinations for pedestrian facilities.

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• The STA’s current practices and stated policy and procedure for providing and maintaining the

following accessible pedestrian facilities for newly constructed and altered pedestrian facilities: o Curb ramps and detectable warnings o Sidewalks o Accessible pedestrian signal (APS) systems o Alternative pedestrian access routes in construction areas o Pedestrian facilities at roundabouts o Accessible highway underpasses, overpasses and ramps in compliance with 49 CFR 27.75 o Trails o Passenger vessel/ferry boats

Effective Communication/Auxiliary Aids

• The STA’s policies and procedures for providing auxiliary aids to STA program participants with visual, hearing and cognitive impairments

• A list of auxiliary aids that the STA currently provides • A copy of a public meeting notice which contains a statement that accommodations and auxiliary

aids will be provided • A copy of the STA’s auxiliary aids/accommodations request form • Copies of STA auxiliary aids requests going back five years • The STA’s TDD/TTY phone numbers • Copies of STA publications where the TDD/TTY numbers appears

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ADA/504 Chapter 2

IMPLEMENTATION

III. ADA Program: Minimum Requirements

Notice of Nondiscrimination Requirements Both the Title II ADA and Section 504 regulations provide requirements for STAs to inform the general public of its obligation to comply with these regulations. (28 CFR § 35.106 and 49 CFR § 27.15). These regulations require that recipients notify STA program participants and applicants that they do not discriminate on the basis of disability in the admission to, or provision of its programs, services and activities. Many entities who must comply with these requirements in sectors outside of transportation have developed “Notices of Nondiscrimina-tion” that incorporate all the notice requirements of ADA and Section 504. The Notice of Nondiscrimination is not to be confused with the “assurances” statements that are provided by STAs as stated above or in Title VI plans, bid notices and in Federal-aid construction contracts via FHWA Form-1273 “Required Contract Provisions Federal-aid Construction Contracts.” The assurances and statements provided in these documents are methods that the STAs must use to confirm to FHWA that by receiving Federal aid, they will not discriminate under the applicable civil rights laws and regulations and failure either to include these statements or abide by their intent would result in non-compliance, or result in a breach of contract. The Notice of Nondiscrimination is a required method of informing the general public that the STA will not discriminate on the basis of disability with respect to its programs, services and activities. The Notice of Nondiscrimination also has broader dissemination than the assurances or nondiscrimination statements required under other FHWA civil rights regulations.

Notice Requirements Title II ADA Section 504

A statement that STA prohibits discrimination on the basis of disability in the provision of or admission to its programs, services and activities (statement of nondiscrimination)

Yes (However, the ADA requirements are less specific with respect to specific language; the ADA preamble provides more guidance).

Yes

Designate an employee responsible for compliance with the regulation (coordinator)

Yes Yes

Inform the public of the name, title, office address, and phone number of the coordinator

Yes (but not required to be included in a statement of nondiscrimination)

No (Section 504 only requires that the notice contain the identity of the individual designated as the Section 504 Coordinator)

Statement of nondiscrimination is included in recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees.

No (However, the preamble suggests that the public entity use these methods of dissemination)

Yes

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While both Title II ADA and Section 504 have notice requirements, they are similar, but not identical in nature. There are minor differences between the regulations relating to the required content of recipient notices of non-discrimination and how the notice is disseminated. Despite these differences, we recommend that recipients and public entities develop a universal Notice of Nondiscrimination based on the model statement provided in Appendix 4—D to ensure compliance with the regulations and also to provide easier access to information for program participants. The table on 3—13 delineates the notice requires of the Title II ADA and Section 504 regulations. As indicated above, the Title II regulation requires that a public entity generally make information regarding the provisions of Title II available to applicants, participants and other interested persons(28 CFR §35.106). The Title II regulation also requires public entities to advise the public of the name, work address and work telephone number of the individual designated as the ADA Coordinator. However, the Title II regulation does not specify the methods to be used by recipients in publishing notices of nondiscrimination (The Title II ADA preamble sug-gests that the public entity use these methods of dissemination). The USDOT Section 504 regulations contain more detailed requirements that specify the information that must be included in a notice of nondiscrimination. These regulations specify program participants and beneficiaries to include “those with impaired vision or hear-ing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient.” The Section 504 regulation requires that a recipient of Federal Financial Assistance from FHWA must implement appropriate, continuing steps to notify STA program and service participants and beneficiaries that the recipient does not discriminate on the basis of disability in violation of the statute and regulation. The em-ployee designated to coordinate compliance with Section 504 regulations must be identified in the notification. The Notice of Nondiscrimination notice should contain two basic elements: (1) a statement of nondiscrimination that specifies the basis for non-discrimination with respect to ADA and Section 504; and (2) identification by name or title, address, and telephone number of the employee or employees responsible for coordinating the compliance efforts for both regulations. The regulations do not require that a recipient identify the pertinent regulations by title. Since STAs also have a responsibility to comply with Title I (Employment), it is prudent to reference “ADA” instead of a specific Title of the ADA in the Notice of Nondiscrimination. The Section 504 regu-lation does not require a recipient to include the address or telephone number of the responsible employee as-signed to coordinate its compliance efforts. However, identifying the responsible employee without information on how to contact that person does not constitute an effective notice. An acceptable nondiscrimination notice should provide information on how to contact the responsible employee. While not specifically required by the ADA or Section 504 regulation, it would be beneficial to provide the ADA/504 Coordinator’s e-mail address in the Notice of Nondiscrimination to facilitate communication between STA program participants and the ADA/504 Coordinator (the regulations were promulgated prior to the widespread use of e-mail). Compliance with the notification requirements of Section 504 will also generally satisfy the notification requirements of Title II for State and local governments. If the person leaves the ADA/504 Coordinator position or if the STA decides to assign that responsibility to another individual, the STA at a minimum must update and revise the Notice of Nondiscrimination when it updates the publications that include the Notice of Nondiscrimination. The STA can insert the Notice of Nondiscrimination in current publications that are not being updated or reprinted via decal or other method. Actual methods of notification are detailed below. Methods of Notification of Nondiscrimination Requirements In accordance with Section 504 regulations 49 CFR § 27.15(a), the STA may opt to post the Notice of Nondiscrimination in local newspapers and magazines in the State MPO area or locality it serves. However, the Section 504 regulation at 49 CFR § 27.15(b) states that STAs must include the Notice of Nondiscrimination in any bulletins, announcements, handbooks, pamphlets, brochures, recruitment materials application forms, or any other publication that are made available to its program participants, applicants, or employees. As noted above and in the Section 504 regulation STAs may meet this requirement either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. According to

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The Title II Action Guide (Adaptive Environments, Inc.) and the Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools (United States Department of Education – Office for Civil Rights). The following is a list of methods of providing this notice:

• The public at large: newspaper legal notice, flyers posted at all facilities, radio and/or captioned television announcements, and accessible websites. The U.S. Department of Justice provides Website Accessibility Guidelines, and resources for website accessibility at: http://www.usdoj.gov/crt/ada/websites2.htm. Those guidelines are discussed in the Auxiliary Aids section of the Desk Reference.

• Prospective Employees: insert in job applications, newspaper ads, posted advertisements, posted

vacancy notices. • Current Employees: accessible intranet sites, new employee orientation documents, regular mail-

ings to employees, posting at work sites, postings in lounges, faculty rooms, and dining areas, per-sonnel manual, and training documents.

• Contractors and Vendors: Nondiscrimination notifications should be included in all contracts, pur-

chase order forms, and agreements. With respect to STAs the notice should appear in addition to the above, in publications such as STA-issued road maps, environmental assessments, environmental impact statements, affirmative action plans, brochures that explain program services and benefits such as public involvement, right-of-way, planning and construction. The notice should be displayed prominently in public areas such as the lobbies of STA buildings, at highway rest areas, at public meetings or public information centers set up for public involvement activities connected to high-way projects (the Notice of Nondiscrimination can be announced by the hearing officer). The notice should also be posted on the STAs website. While not specifically required by the ADA or Section 504 regulation, it would be beneficial to embed the ADA/504 Coordinator’s e-mail address in the Notice of Nondiscrimination to facilitate communication between STA program participants and the ADA/504 Coordinator. Self-Evaluation The Title II ADA regulation at 28 CFR § 35.105 and Section 504 regulation at 49 CFR § 27.11(c)(2)(i)(ii) provide that all recipients and public entities, regardless of size, must conduct a self-evaluation. The self-evaluation is a comprehensive review of the public entity's current policies, services, communications and practices, as well as analyzing how they affect persons with disabilities. Through the self-evaluation, the public entity must: 1) identify any policies or practices that do not comply with the regulations and 2) modify policies and practices to bring them into compliance. The Title II ADA regulation at 28 CFR § 35.105 provides that a public entity must evalua-tion its current services, policies, and practices, and the effects of implementation that do not or may not meet the requirements of the ADA and, to the extent modifications of any such services, policies, and practices, are required, the public entity shall proceed to make the necessary modifications. The scope of the review includes not only formal written policies and procedures but also actual operating practices [28 CFR § 35.105(a)]. In order to review what is actually done, as well as what is on paper as policy, it is important to involve not only adminis-trators and senior managers but also program staff and participants. The entity must analyze the impact on per-sons with disabilities, recognizing that adverse effects are often inadvertent. The Title II self-evaluation should have been completed by January 26, 1993 [28 C.F.R. § 35.105(a)], although recipients of Federal financial assistance have been responsible for compliance with Title II since January 26, 1992. Therefore, if discriminatory policies or practices are identified during the review process, they should be modified immediately. The Section 504 regulation at 49 CFR § 27.11(c)(2)(i)(ii) provides that recipients were to have completed the self-evaluation within 180 of the effective date of 49 CFR 27.

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Both regulations require that recipients provide an opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation by submitting comments [28 CFR § 35.105(b)]. Recipients must maintain the self-evaluation on file and make it available for public inspection for at least three years from the date the self-evaluation was completed [28 CFR § 35.105(c) and 49 CFR § 27.11(c)(3)]. It is the responsibility of the ADA/504 Coordinator to main- tain required information in a form that will facilitate a prompt response to requests. Records kept must identify individuals who participated directly or indirectly in the review, the areas examined, whatever problems were discovered, and the corrections made as a result of the self-evaluation process [28 CFR § 35.105(c)]. Under Title II ADA at 28 CFR §35.105(d), if the STA has conducted a self-evaluation as required by Section 504, prior to the promulgation of the Title II ADA regulations in 1992, the STA is required to review only those programs established since the Section 504 self-evaluation was conducted, and new or modified policies or practices that were not included in an earlier self-evaluation. This differs from the Section 504 regulation at 49 CFR § 27.11(c) (2)(v), which requires recipients to establish a system for periodically reviewing and updating the self-evaluation. However, because most Section 504 self-evaluations were done years ago, many agencies reexamined all of their policies and programs with the enactment of the ADA. Programs and functions may have changed, and actions that were supposed to have been taken to comply with Section 504 may not have been fully implemented or may no longer be effective. (A glaring example of such an area of change is the entire realm of computers, now a significant part of nearly every aspect of services and programs.) If a STA has not completed its Section 504 or ADA self-evaluation or made the necessary modifications to policies and procedures, it is recommended that it do so as quickly as possible. A sound practice is to implement a system of self-evaluation annually, biannually, and/or triennially, as part of the Title VI Equal Employment Opportunity Assurances to US DOT. Agencies that have met their deadlines are recommended to establish and maintain self-evaluation systems to provide on-going compliance reviews. Programs change, personnel leave, and technology improves, all necessitating a system of monitoring and transitioning. Each agency should identify the functional program areas that deliver services, programs and activities. In order to be most effective, the ADA/504 coordinator should utilize an interdisciplinary approach, whereby ADA/504 Liaisons are designated in each of the respective discipline areas(such as Planning, Right-of-way, Construction, Design, etc.) to bring their knowledge/expertise to the table on geometric design, construction tolerances, etc. It is very important that the planning, design, and construction, etc. staff be intimately involved/familiar with the agencies responsibilities and development of self-assessment, transition plan, policies and procedures, and that they take an active role to ensure that these responsibilities are ultimately carried out. This liaison is provided with the proper training, any technical assistance needed, and will be responsible for ensuring compliance with Section 504/ADA in their respective program areas. Each functional area needs a method of self-evaluation that is reported to the designated ADA Coordinator. For example: • Facilities Services Section 504/ADA Liaison manages a process that reviews facilities annually for deficien-

cies, with ADA accessibility reviewed specifically. This allows for regional planners to submit facility work requests to obtain funding and provide corrections to ADA deficiencies that have become apparent since the ADA Transition Plan was developed. Reviews and facility improvements are reported to the agency ADA Coordinator annually.

• Design Program Section 504/ADA Liaison reported a Design Manual Supplement established to address

ADA accessible facilities in all projects, including preservation projects, and add detectable warning surfaces to all sidewalk ramps or trail crossings, regardless of the jurisdictional responsibility for the facilities. (See attachment titled, “Addressing ADA Accessible Facilities on Read, Street, and Highway Projects.”)

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Transition Plan Recipients with 15 or more employees and public entities with 50 or more employees under Section 504 and ADA at 49 CFR § 27.11(c)(2)(iii)(iv)(v) & 28 CFR §35.150(d) respectively, are required to develop a transition plan when structural changes to existing facilities are necessary in order to make a program, service, or activity accessible to people with disabilities. Title II ADA public entities were required to de-velop the transition plan by July 26, 1992, with the removal of all physical barriers identified in the Plan must be completed as expeditiously as possible, but, in any event, by January 26, 1995. Interested persons, including individuals with disabilities or organizations representing individuals with disabili-ties, are required to be provided an opportunity to comment on the transition plan. The plan must also be made available for public inspection for a period of three years. The regulations require that, at a minimum, the transition plan:

• identify physical obstacles in facilities that limit the accessibility of the public entity's programs, services, or activities to people with disabilities,

• describe in detail the methods the entity will use to make the facilities accessible; • provide a schedule for making the access modifications; • provide a yearly schedule for making the modifications if the transition plan is more than one year long;

and • indicate the name of the official who is responsible for implementing the transition plan.

Recipients and public entities, including STAs, must provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the devel-opment of the transition plan by submitting comments. A copy of the transition plan must be made available for public inspection. Title II of the ADA at 28 CFR § 35.150(d)(2) provides that, if a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the ADA, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. For STAs, the transition plan covers both their buildings as well as pedestrian facilities in the right-of-way. The Title II transition plan is required for programs and policies that were not previously included in a Section 504 transition plan [28 CFR § 35.150(d)(4)]. However, agencies that are covered under Section 504 are not shielded from obligations under that statute, such as deadlines for making structural modifications, merely because they have met the Title II transition plan requirements. Title II of the ADA does not require the submission of transition plans to FHWA, nor does the regulation require that FHWA approve transition plans. However, FHWA can request that a recipient or public entity submit its transition plan as necessary for program or project oversight activities, as well as complaint investigations [49 CFR § 27.121] . Because a STA may have jurisdiction over roads and highways, the transition plan must cover both its buildings and pedestrian rights-of-way and any other type of transportation facility the STA owns, operates or maintains. In developing transition plans, STAs must include all facilities that have been found to require structural modifications to achieve accessibility to it programs.

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Action Steps for Transition Plan Notwithstanding regulatory requirements, recipients’/public entities’ transition plans should reflect careful and thorough analysis of their facilities that require alteration using a wide range of information from a variety of sources. The action plan should be executed as follows:

1) Identify staff and/or consultants to review each facility for compliance. The ADA/504 Coordinator should be the lead staff member in the development and implementation of the transition plan so that efforts to achieve and maintain accessibility can be effectively coordinated throughout the STA and so that there is balance in the transition plan between STA programs and services, buildings and facilities, as well as pedes-trian right-of-way facilities. The STA should form an ADA/504 advisory group or task force that will assist the ADA/504 coordinator in the development and implementation of the transition plan. The recipient/public entity can retain a consultant to also assist with the transition plan. 2) Establish the public involvement process by which the disability community and others will participate. The advisory group/task force should also include private citizens or representatives of other agencies with various forms of disabilities, or who will be impacted by the transition plan to make sure all needs are considered. The transition plan should reflect this input. 3) Identify all facilities used by each of the recipients’/public entities’ programs and services. With respect to pedestrian right-of-way facilities in particular, include an inventory and/or map of streets, sidewalks, inter-sections that would need to be made accessible. 4) Map out the usage and specialized features of each facility. This includes walkways and approaches to each facility from parking lots, bus stops, and other transportation; doors and entrances, restrooms, vertical access (elevators and stairways), drinking fountains, play and picnic areas in parks, etc. 5) Choose a survey “tool” or list of standards. This must include evaluating for access by wheelchair users and other mobility-impaired people who would require the use of curb ramps. The recipient can also evalu-ate for access for visually, hearing and cognitively impaired people, if the transition plan also incorporates sidewalks, Accessible Pedestrian Signals or other pedestrian facilities besides curb ramps. 6) Incorporate the recipients’/public entities’ capital improvement plans since new construction and planned alterations to pedestrian facilities may result in the incorporation of accessible features more easily and less expensively. 7) Identify funding and timelines. Except for the regulatory requirement of completing the transition plan by 1995, the recipients/public entities can set the timeline for installing accessible features as well as budget.

Elements of a Transition Plan FHWA has identified the following elements that contribute to a comprehensive transition plan:

• The name, title, office address and phone number of the recipient/public entity official responsi-ble for the coordination, development and implementation of the transition plan. If there is an advisory committee/task force, the names and titles of those individuals should be listed as well.

• A schedule or work plan that lists the steps to be taken to develop and implement the transition plan.

• An Inventory of buildings, facilities and pedestrian right-of-way locations (streets, intersections) to be made accessible; 1. Identify the type of modification required to achieve accessibility, such as curb ramps

(it may be desirable to have separate curb ramp, sidewalk construction/repair or APS installation schedules).

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• Prioritize of locations to be modified in the following order:

1. State and local government offices and facilities (city hall, schools) 2. Location of government services and transit facilities (bus stops, train stations) 3. Locations of places of public accommodations/employers (shops) 4. All other areas (residential)

• Specify Public Involvement efforts:

1. Groups, Organizations, Individuals contacted 2. Methods of Public Involvement (meetings, surveys, web site)

• Milestones based on intervals as required to monitor implementation

In 2004, the Texas Department of Transportation developed its Self-Evaluation and Transition Plan. It also developed an initial prioritization plan with respect to the types of accessible pedestrian features to be installed and the locations (and conditions at locations that should get the highest priority). That plan is detailed below:

Priority

Criteria

1A Existing curb ramp with running slope >12% AND Location near hospital, school, transit stop, govt. bldg, etc.

1B No curb ramp where sidewalk or ped. path exists AND Location near hospital, school, transit stop, govt. bldg, etc.

2A Existing curb ramp with running slope >12% (NOT located near hospital, etc.)

2B No curb ramp where sidewalk or ped. path exists (NOT located near hospital, etc.)

3 No curb ramp and striped crosswalk exists

4 One curb ramp per corner and another is needed to serve the other crossing direction

5A Existing curb ramp with either running slope >1:12 or insufficient landing

5B Existing curb ramp with obstructions in the ramp or landing

5C Existing curb ramp with any of the following conditions: a) cross slope >3% b) width < 36 inches c) no flush transition, OR Median/island crossings that are inaccessible

5D Existing curb ramp with returned curbs where pedestrian travel across the curb is not protected

5E Existing diagonal curb ramp without the 48” extension in the crosswalk

5F Existing curb ramp without truncated dome texture contrast OR without color contrast

6 Pedestrian push button is not accessible from the sidewalk and/or ramp

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It should be noted that with respect to prioritization as detailed below, it is meant to prioritize according to the parameters of the prioritization as required by 28 CFR §35.150(d)(2) including, transportation, places of public accommodation, and employers, followed by walkways serving other areas. For example, although a residential area without curb ramps may have several residents with disabilities, it would not take higher priority than a pub-lic library located at an intersection without curb ramps. However that residential area should be among the first residential areas to have curb ramps installed. Also, a train station that does not have curb ramps at or near its location would have a higher priority than a bus stop at a location with a low population density and lower usage. Other factors that recipients and public entities can use to develop and implement the curb ramp schedule or pedestrian right-of-way portion of the transition plan should include the following:

• Citizen requests or complaints regarding inaccessible locations known to the public entity before the development and implementation of the transition plan

• Pedestrian Level of Service (PLOS) analyses (pedestrian routes with higher level of use/PLOS rating may have a higher priority for accessible features than an area with a lower level of use/ PLOS rating)

• Specific project demand (A project with pedestrian facilities needs to be coordinated with the transition plan)

• Population density (areas with a high population density may have a higher priority for accessible features than an area with a low population density)

• Presence of Disabled Population (areas with a known disabled population such as a group home or special needs facility may have a higher priority for accessible features than an area without. It is important note that lack of a disabled population in a recipient’s/public entity’s jurisdiction does not relieve the recipient/public entity of the ADA/504 requirement to develop and implement a transition plan)

• Existence of accessible facilities (these facilities need not be included on the transition plan)

• Cost (can influence the timetable of installation of accessible facilities’ according to available resources)

Recipients and public entities can incorporate other processes into the transition plan itself or vice versa, and can also be used to help develop and implement the transition plan. These processes include the following:

• procedure for installation of accessible facilities

• a curb ramps/pedestrian facility request procedure, form or hotline

• Pedestrian Master Plan or Bike-Pedestrian Plan

• STA Statewide Transportation Improvement Plan (STIP)

• MPO Transportation Improvement Plan (TIP) Designation of an ADA/504Coordinator The Section 504 regulation at 49 CFR § 27.13 and the Title II regulation at 28 CFR §35.107 provide that recipients with 15 or more employees, and at any public entity with fifty (50) or more employees must designate at least one employee to coordinate compliance with the respective regulations. The public entity shall make available to all interested individuals the name, office address and telephone number of the ADA Coordinator, while a Section 504 recipient, at a minimum, must inform the public of the identity of its

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Coordinator. The requirement for designation of a particular employee and dissemination of information about how to locate that employee helps to ensure that individuals dealing with large agencies are able to easily find a responsible person who is familiar with the requirements of the regulations and can communicate those require-ments to other individuals in the agency who may be unaware of their responsibilities. Neither Title II ADA nor Section 504 limits a public entity's or recipient’s obligation to ensure that all of its employees comply with the requirements of these regulations, but it ensures that any failure by individual employees can be promptly cor-rected by the ADA/504 Coordinator. The ADA/504 Coordinator can also ensure that the STA acts as one body with respect to ADA/504 compliance by promoting a uniform approach to achieving compliance with ADA/504 among the very diverse disciplines of the STA. Lastly, since there is usually an ADA/504 Coordinator for the entire State government, the ADA/504 Coordinator will serve as the STA’s point of contact for that individual’s State government ADA/504 compliance efforts. The ADA/504 Coordinator must be knowledgeable of all ADA/504 issues that an STA deals with, particularly those involving pedestrian right-of-way facilities. The ADA/504 Coordinator must also be effective in building and maintaining relationships with the STA’s external stakeholders, such as disability advocacy groups and organizations. The STA must give the ADA/504 Coordinator the authority needed to coordinate, respond and resolve all ADA/504 issues on behalf of the STA. Since STAs are organizations that perform a variety tasks over a breadth of disciplines and professions, the STA can also appoint sub-level ADA/504 coordinators who will respond to issues in their regions and, in turn, will coordinate with a Statewide coordinator. The STA can also appoint an ADA/504 Coordinator for each discipline, division or unit of the STA (planning, design, construction, right-of-way, environment, public involvement, human resources) who will also coordinate with the Statewide STA ADA/504 Coordinator. That arrangement can be beneficial to the STA, if, for example, the Statewide ADA/504 Coordinator has primary experience in design, but has minimal or no experience in pro-viding employment accommodations. In that case, the Statewide coordinator can delegate to, or collaborate with, the sub-coordinator in human resources, who may be much more experienced in that area. The ADA/504 Coordinator is charged with the responsibility for implementing, monitoring, and ensuring the agency’s compliance with Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. An example of ADA/504 Coordinator responsibilities are:

Monitoring the department’s current policies and practices for implementing ADA/504.

Identifying shortcomings in compliance and developing remedies.

Evaluating remedial steps taken to eliminate the effects of discrimination.

Monitoring complaint procedures that incorporate appropriate due process standards and providing for prompt and equitable resolutions of complaints alleging an action prohibited by ADA/504.

Processing the disposition of complaints filed under ADA/504.

Ensuring agency compliance with ADA/504.

Collaborating and coordinating with the heads of major divisions and departments to enable ADA/504 compliance efforts.

Establishing and maintaining collaborative relationships with critical external stakeholders, such as disability advocacy groups and organizations.

Monitoring the agency’s ADA/504 Transition Plan to ensure that all department facilities remain in compliance with applicable accessibility standards.

Monitoring established procedures to ensure that requested auxiliary aids are provided for persons

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Conducting annual reviews of ADA/504 program areas.

Conducting ADA/504 training programs for agency managers and employees.

Preparing a report of ADA/504 accomplishments and problem areas for the Federal Highway Ad-ministration Annual Assurance Report.

Monitoring the preparation of ADA/504 information for dissemination to the general public, including the “Notice to the Public” offer to provide reasonable accommodation, upon request.

Identifying, investigating, and eliminating ADA/504 discrimination when found to exist.

Provision of Reasonable Accommodations for Employment Title II of the ADA at 28 CFR § 35.140 and Section 504 at 49 CFR § 27.19 provide that public entities and recipients (as well as sub-recipients), as a condition of USDOT Federal financial assistance, shall comply with the requirements of Section 504 and Title II of the ADA, as well as Title I of the ADA. Compliance with the Equal Employment Opportunity Commission’s (EEOC) Title I regulations is required as a condition of compliance with Section 504 for USDOT recipients. Adopting Grievance/Complaint Procedures for Disability Discrimination Complaints Title II of the ADA at 28 CFR § 35.107(b), requires public entities with 50 or more employees to adopt and publish a grievance procedure, while Section 504 at 49 CFR § 27.13(b) requires that a recipient of 15 or more employees “establish operating administration procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by (Section 504).” The Title II requirements regarding grievance procedures have been in effect since January 26, 1992, while Section 504 has been in effect since 1979. The ADA/504 Coordinator can also ensure that the STA acts as one body with respect to ADA/504 compliance by promoting a uniform approach to achieving compliance with ADA/504 among the very diverse disciplines of the STA. Lastly, since there is usually an ADA/504 Coordinator for the entire State government, the ADA/504 Coordinator will serve the STA’s point of contact for that individual’s State government ADA/504 compliance efforts. The ADA/504 Coordinator must be knowledgeable of all ADA/504 issues that a STA deals with, particularly those involving pedestrian right-of-way facilities. The ADA/504 Coordinator must also be effective in building and maintaining relationships with the STA’s external stakeholders, such as disability advocacy groups and organizations. The STA must give the ADA/504 Coordinator the authority needed to coordinate, respond and resolve all ADA/504 issues on behalf of the STA. Since STAs are organizations that perform a variety tasks over a breadth of disciplines and professions, the STA can also appoint sub-level ADA/504 coordinators who will respond to issues in their regions and, in turn, will coordinate with a Statewide coordinator. The public entity may use a grievance procedure that is already in place. STAs and their sub-recipients should include language in their notices of nondiscrimination that states that individuals and groups can file a grievance or complaint with the ADA/504 Coordinator.

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The STA’s existing procedure for complaints from the public at-large can be adopted. The STAs or sub-recipient should feel free to adapt the grievance procedures requirements of Title II and Section 504 to existing proce-dures as required by other laws or regulations. However, an ADA/504 grievance procedure should include the following components:

• a detailed description of the procedures for submitting a grievance; • a two-step review process that allows for appeal within the STA or sub-recipient; • reasonable time frames for review and resolution of the grievance; • records of all complaints submitted, responses given, and steps taken to resolve the issue; and • An alternative procedure if the complainant alleges that the ADA coordinator or other STA or

sub-recipient official with responsibilities regarding the grievance procedures process are a part of the alleged discrimination.

Individuals’ rights to file complaints with Federal agencies are independent from rights to submit complaints through State and local agencies’ grievance procedures. Therefore, if a public entity receives a complaint, it should be processed through established agency procedures. However, notification of specific processes available to file with FHWA shall be provided to complainants. As noted in the FHWA responsibilities section, any complaint against a STA shall be investigated by FHWA, while complaints received by FHWA against STA sub-recipients will be referred to the STA. The STA can choose to investigate the complaint under their griev-ance/complaint procedures or refer the complaint back to FHWA for investigation. Complaints received by STAs, including those filed against STAs, can be investigated under their grievance procedures. Provision of Accessible Programs, Services and Activities Title II of the ADA 28 CFR § 35.149 through § 35.151and Section 504 at 49 CFR § 27.75 provides that recipi-ents and public entities provide “Program Access.” Program access means that recipients/sub-recipients must ensure that no qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the ser-vices, programs, or activities of a public entity, or be subjected to discrimination by any public entity. Recipients/sub-recipients shall operate each service, program or activity so that the service, program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. Provision of Accessible Communications Title II of the ADA at 28 CFR § 35.160, 35.161, 35.163 and Section 504 at 49 CFR § 27.7 provide that recipients and public entities take such steps as may be necessary to ensure that communications with applicants, partici-pants, and members of the public with disabilities are as effective as communications with others. This may entail furnishing appropriate auxiliary aids and services where necessary, giving primary consideration to the requests of persons with disabilities. Telecommunication devices for the deaf (TDDs) shall be used to communicate with individuals with impaired hearing or speech. STAs developing and/or implementing a “511” traveler information service shall also con-sider the needs of individuals that are deaf or hard of hearing. In addition, communications via websites shall be accessible to individuals with visual or other impairments that inhibit the ability to access the STAs’ websites. Monitoring/Enforcement The Section 504 regulation at 49 CFR § 27.121 requires recipients/sub-recipients to maintain appropriate re-cords pertaining to Section 504/ADA implementation/compliance and make such records available for inspec-tion/review by responsible Federal officials (i.e., FHWA, FTA, DOJ, et al).

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Maintenance of Accessible Features The Title II ADA regulation at 28 CFR § 35.133 requires that recipients/sub-recipients must, to the maximum extent feasible, ensure that facilities are properly maintained and free of obstructions. Potential obstructions of a pedestrian facility may include sidewalk furniture, utility poles/equipment, tree roots, potted plants, snow/ice, inoperable elevators/lifts, etc Facilities are required to be readily accessible to and usable by persons with disabilities. Temporary obstructions or isolated instances of mechanical failure would not be considered in violation; however, prolonged inaccessibility would be a violation of the ADA. Other Program Requirements There are two other regulations in 23 CFR that are outside of Title II ADA and Section 504 obligations that pertain to accessibility for individuals with disabilities. Those regulations are 23 CFR Part 652 (“Pedestrian and Bicycle Accommodations and Projects”) and 23 CFR Part 1235 (“Uniform System for Parking for Persons with Disabilities”) Pedestrian and Bicycle Accommodations and Projects

This regulation at 23 CFR § 652.5 provides that the special needs of individuals with disabilities shall be considered in all Federal aid projects that include pedestrian facilities. Other sections of 23 CFR 652.9 establishes the provision of Federal-aid for such projects (100 percent Federal aid can finance the construction of independent walkway projects on the right-of-way or right-of-way can be acquired for the purpose of eligibility, or can be included as incidental features of highway projects finances with funds for those projects (except for Interstate construction Federal-aid). 23 CFR Part 652 also provides that pedestrian projects be included the MPO’s TIP, and sets forth eligibility requirements for these projects. References:

1. “Title II Technical Assistance manual,” U.S. Department of Justice, Washington, D.C. (2003). 2. “Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary

and Secondary Schools,” U.S. Department of Education, Office of Civil Rights, Washington, D.C. 277pp.

3. “ADA Title II Action Guide: For State and Local Governments;” Adaptive Environments Center,

Boston, MA; LRP Publications: Horsham, PA (1992); 157pp. 4. ADA Self-Evaluation and Transition Plan, Texas Department of Transportation, Austin, TX, (2004),

22pp. 5. Washington State Department of Transportation; ADA/504 Plan and Policy, Olympia, WA.

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IV. Contract Requirements

STA Title II ADA and Section 504 Program Requirements Section 504 Assurances The USDOT Section 504 regulation at 49 CFR § 27.9 provides that each recipient (and sub-recipient) of Federal financial assistance shall develop, as a condition to approval or extension of any Federal assistance, written assurances that its programs and activities will be conducted/operated in compliance with all require-ments of Section 504 of the Rehabilitation Act, as amended, and Title II of the Americans with Disabilities Act of 1990. The regulation also requires that the assurance provided shall obligate the recipient to comply with Section 504 for the period during which the Federal financial assistance is extended to the program. With respect to property as a form of Federal Financial Assistance, the requirements apply not only to the current recipient but also entities that buy the property or receive the property in the form of a transfer for as long as the property is used for the purpose for which the Federal financial assistance was provided or for a similar purpose. These assurances should be inserted into any application, contract or other instrument that a recipient signs and submits to the STA and/or FHWA in order to receive Federal Financial Assistance. Below is a sample assurance:

Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the [STA], desiring to avail itself of federal financial assistance from the US Department of Transportation, hereby gives assurance that no qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination, including discrimination in employment, under any program or activity that receives or benefits from this federal financial assistance.

The [STA] further assures that its programs will be conducted, and its facilities operated, in compliance with all the requirements imposed by or pursuant to 49 CFR Part 27, 28 CFR § 35 and 42 USC § 12101-12213.

ADA/504 Chapter 2

IMPLEMENTATION

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V. Review Guidelines

Roles and Responsibilities • What are the roles and responsibilities in ADA/504 compliance of the following STA Highway units?

o Executive Office (CEO, Chief of Staff) o Civil Rights o Human Resources o Finance o Planning o Right-of-Way o Construction o Design o Operations/Maintenance o Public Involvement/Community Involvement

• What are the roles and responsibilities in ADA/504 compliance of the following STA sub-recipients?

o Metropolitan Planning Organizations o County Governments o Municipal Governments o Toll Authorities o Port Authorities o Other Sate and local agencies that receive Federal and State-aid

ADA/504 Coordinator

• Who is the ADA/504 Coordinator?

• What is the office location and telephone number where the Coordinator can be reached? • What qualifications or experience does this individual have to perform ADA/504 Coordinator duties?

• Who does the ADA/504 coordinator report to? (name, title and division/unit of the STA)

• Is the ADA/504 Coordinator full-time or serves in that position as a collateral duty and the primary duty is

another discipline (civil rights, human resources, design, construction)? • If collateral duty, what is the ADA/504 Coordinator’s primary duty?

• Does the STA only have one ADA/504 Coordinator ? If there are more than one, how is that arranged (by

division, by unit, by district office)? • What are the duties of the ADA/504 Coordinator in the STA?

ADA/504 Chapter 2

IMPLEMENTATION

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Assurances • Has the STA provided a written assurance to FHWA that it will not discriminate on the basis of disability and

that it will comply with Section 504 and Titles I and II of the ADA? • How was that assurance provided to FHWA? • Does the STA’s contracts and agreements with sub-recipients include a statement of written assurance by

the sub-recipient that it will comply with Section 504 and not discriminate on the basis of disability in any of its programs, services, activities or benefits it extends to it participants?

• What steps has the STA taken to ensure that its sub-recipients are aware that it must comply with Section

504, Title VI and other Federal non-discrimination laws.

Public Notice of Nondiscrimination • Has the STA drafted and disseminated a Notice of Nondiscrimination? • In which STA publications is the Notice of Nondiscrimination published? Obtain a list of publications as well

as the actual publications. • Is the Notice of Non-Discrimination posted in STA facilities? If so, obtain a list of the facilities and the

location within the facilities the Notice is posted. • Is the Notice posted on the STA’s website? • Is the Notice of Non-Discrimination available in alternative formats? If so, Identify the formats and obtain

versions of the Notice in these formats. • Does the STA update the Notice of Non-Discrimination if there is a change in ADA/504 Coordinators? • Does the Notice of Nondiscrimination include the following information:

o A statement that the STA does not discriminate under Section 504 or the ADA in admission or access to, or treatment or employment in, its programs or activities?

o The STA’s ADA/504 Coordinator’s name, address, telephone number, and office hours? o A statement notifying individuals about the availability of the Notice of Nondiscrimination in alternative

formats? o A statement that the STA has a grievance procedure available to resolve complaints?

Grievance Procedures

• Has the STA adopted and published an internal grievance procedure that allows for quick and prompt solu-tions for any complaints based on alleged noncompliance with ADA/504?

• Does the STA keep ADA/504 complaints on file, and if so, for how long? • Does the STA maintain a list or database of its ADA/504 complaints? If so, how many years of complaints

are maintained on the list/database and what information is contained on it? • Is there a standard complaint form to file a complaint under the grievance procedure? • Does the ADA/504 Coordinator have the responsibility for investigating ADA/504 complaints? If not, who

performs this task?

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• Does your grievance procedure inform individuals of their right to file a complaint with a state or federal agency (including FHWA) and does it provide the agencies’ addresses?

• Does the grievance procedure include the following:

o A statement informing the individual that he/she can submit a grievance in alternative formats? o A provision that auxiliary aids will be provided for the complainant if requested so he/she can fully par-

ticipate in the grievance procedure o A time limit for the complainant to file a grievance procedure? o A time limit for the STA to conduct its investigation? o An internal appeal process in order for the complainant to appeal the decision? o A statement that retaliation by STA staff for filing a grievance or participation in the process is prohib-

ited and any allegations of retaliation will be promptly and fully investigated?

Self-Evaluation

• Has the STA conducted a self-evaluation of its current services, policies, and practices, and the effects thereof, to determine necessary modifications to achieve program accessibility?

• When was the self-evaluation developed? Was it developed to comply with Title II ADA or Section 504

(before ADA went into effect) or both? • When was the self-evaluation implemented? Has the self-evaluation been implemented completely? • Does the STA have a process for periodically reviewing and updating the self-evaluation? If so, when

was the last time it was reviewed and updated? At what interval is this performed (every 3 years, 5 years)

• Does the Self-Evaluation include the following:

o The STA’s ADA/504 Policy? o The STA’s Notice of Nondiscrimination? o The STA’s Grievance Procedure? o A list or description of ADA/504 advisory committee members that developed the self-evaluation? o A description of each of the organization's current programs in terms of its access to each kind of

disability? o Present program modifications that improve accessibility? o A description of employment practices (including methods of advertising and recruiting)? o A description of policies, practices, and services examined and problems identified, including any

communication barriers? o A description of proposed improvements to policies, practices, and services and time schedule to

accomplish the modifications? o An evaluation of each building (including rented spaces) where program and administrative activities

take place)? o Access requirements for public amenities (parking, telephones, water fountains, toilets, building

guides, signs, restaurants, gift shops, etc.) o Identified physical barriers that limit access? o Strategies, approaches or best practices detailed to overcome those limitations? o Copy of the STAs policy on effective communication o A description of auxiliary aids that are provided

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Transition Plan

• Has the STA developed and implemented a transition plan that outlines which structural modifications must be made to those programs and services that are not accessible?

• When was the transition plan developed? When was it implemented? • Who developed the STA’s transition plan? Was an advisory group involved? • What are the contents of the transition plan? • Has the STA completed all the action items detailed in the plans milestones, timelines or schedules? If not,

what are the reasons for not doing so? • Does the transition plan specify whether the Americans with Disabilities Act Accessibility Guidelines

(ADAAG) or the Uniform Federal Accessibility Standards (UFAS) were used?

• With respect to the STAs buildings and non-pedestrian right-of-way facilities, does the transition plan?

o Specific buildings targeted for retrofit? o Specific access features targeted for retrofit (doorways, ramps, bathrooms)? o Dates by which retrofit will begin? o Dates that the retrofit was completed? o ADAAG or UFAS standards used?

• Has the transition plan been updated? If so, when was the last update? If not, are there plans to update it? • If the transition plan is updated, is it done on an regular interval (every 3, 4 or 5 years)? • Has the STA provide an opportunity to interested persons, including individuals with disabilities or organiza-

tions representing individuals with disabilities, to participate in the transition plan process by submitting com-ments? (Obtain the identify of these individuals and groups)

• Has the STA made the Transition Plan available for public inspection? If so, how was this done? • Has the STA also developed a curb ramp installation schedule as part of the transition plan for pedestrian

facilities it owns, operates and/or maintains? • Does the curb ramp installation schedule contain the following?

o Specific locations targeted for retrofit? o Prioritization of locations for retrofit giving priority in the following order: State and local government

offices and facilities, transportation, places of public accommodation, and employers, followed by walk-ways serving other areas?

o Dates by which retrofit will begin? o Dates that the retrofit was completed? o Is there a schedule or plan for any other type of accessible feature/ facility (Accessible Pedestrian

Signals, sidewalk construction or retrofit)?

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• Does the curb ramp installation schedule reflective of the following: o Citizen requests or complaints regarding inaccessible locations known to the public entity before the

development and implementation of the transition plan. o Pedestrian Level of Service (PLOS) analyses o Specific project demand o Population density o Existence of accessible facilities o Cost

• Is the Transition plan coordinated with the Statewide Transportation Improvement Plan (STIP), Metropolitan

Planning Organization (MPO) Transportation Improvement Plan or STA Bicycle/Pedestrian plan?

Program and Facility Accessibility (Buildings, Multi-Modal Transportation Facilities and Other Facilities)

• How does the STA provide accessibility to its programs, services, benefits and activities (other than for

communications/auxiliary aids and physical accessibility of buildings and pedestrian rights-of-way)? • Does the STA use ADAAG or the UFAS or another standard (a State accessibility code) when constructing

new buildings or when altering existing buildings were used? What are the reasons or criteria for using the chosen standard?

• Does the use more than one standard? if so how?

• What are the STA’s current practices and stated policy and procedure for the following?

ο Providing alternative accessibility when physical accessibility is required and is not achievable. ο Making undue burden determinations due to financial and administrative reasons when providing ac-

cessible programs, services, benefits and activities. ο Making undue burden determinations for historical properties ο Making technical infeasibility or structurally impracticability determinations when undergoing new con-

struction or altering existing facilities? ο STA services provided in Title III facilities? ο Services of entities covered by Title III provided in the STA’s facilities? ο Providing accessible highway rest areas in compliance with 49 CFR 27.75.

• How does the STA provide signage that is accessible, as well as signage and other information regarding the existence and location of accessible services, activities and facilities?

• Does the STA provide accessible rescue assistance devices and services?

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Accessibility of Pedestrian Rights-of-Way Facilities (PROW)

• How does the STA provide accessible pedestrian facilities? • Does the STA use ADAAG or the UFAS or another standard (a State accessibility code) when constructing

new buildings or when altering existing buildings were used? What are the reasons or criteria for using the chosen standard?

• What roadway construction activities does the STA consider to be an alteration within the meaning of Title II

ADA, which would not trigger curb ramp installation? • What roadway construction activities does the STA consider to be maintenance which WOULD NOT trigger

the curb ramp installation requirement? • What is the State law that cover legal crosswalks and pedestrian routes (can pedestrians walk legally on a

shoulder?) • Does the STA enter into maintenance or jurisdictional agreements with another entity (local government) to

operate and maintain pedestrian facilities in the STA’s right-of-way? • What are the STA’s current practices and stated policy and procedure for the following?

o Design (standard drawings, specifications), placement (which locations) and construction of curb ramps and detectable warnings

o Processing citizen requests for the installation of pedestrian facilities o Maintenance of pedestrian facilities (snow removal, broke sidewalks) o Making undue burden determinations due to financial and administrative reasons when providing

accessible pedestrian facilities o Making technical infeasibility or structurally impracticability determinations when undergoing new

construction or altering existing pedestrian facilities o Ensuring that consultants design pedestrian facilities in accordance with ADAAG or UFAS o Ensuring that construction contractors construct pedestrian facilities in accordance with ADAAG or

UFAS (curb ramps, temporary pedestrian access routes)

• What are the STA’s current practices and stated policy and procedure for providing the following accessible pedestrian facilities? o Curb ramps o Detectable Warnings o Accessible sidewalks o Accessible pedestrian signal (APS) systems o Accessible alternative pedestrian access routes in construction areas o Accessible pedestrian facilities at roundabouts o Accessible highway underpasses, overpasses and ramps in compliance with 49 CFR 27.75 o Accessible trails o Accessible passenger vessel/ferry boats o Accessible driveway crossings

• Are highway projects that require pedestrian facilities coordinated with the transition plan?

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• What accessible pedestrian facilities are included in the transition plan (See the Transition Plan section for guidelines for the PROW section of the transition plan).

Effective Communication/Auxiliary Aids

Is there a policy or procedure to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others? • Are the following auxiliary aids provided to its program participants in lieu of standard written or audio media.

o Audio tape o Braille o Reader o Aide o Assistive Listening Device o Large print o Interpreter o Other assistance (describe)

• Are individuals with disabilities informed of the existence of these auxiliary aids? • How does the STA inform the public that it will provide auxiliary aids and services for effective communica-

tion to participate in programs and services? • Do public meeting notices contain a statement that accommodations and auxiliary aids will be provided? If

so, obtain a copy. • What is the process for an individual with a disability to request assistance and express their preference for

auxiliary aids and services? • Does the STA publish and distribute an auxiliary aids/accommodations request for? If so, what information

is contained on this form? • What criteria does the STA sue to determine whether auxiliary aids are provided? • How much lead time or advance notice is required for individuals with disabilities to make such requests? • Which STA official handles auxiliary aids request? If not the ADA/504 Coordinator, then which official(s)? • Does the STA keep records of auxiliary aids requests? If so, how are these requests documented and

processed? • Does the STA consult qualified medical professionals to determine the validity of a request for auxiliary aids?

If so, who are these individuals, where are they located and what are their credentials? • Have requests for auxiliary aids ever been denied by the STA? If so, what are the stated reasons for

denial?

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• Does the STA provide TDD (telecommunications devices for the deaf) or the State relay system to communicate with those who have impaired hearing or speech?

• What are the STAs TDD/TTY phone numbers? • Are the TDD/TTY numbers printed on agency brochures, notices, and letterhead listed in telephone

directories? • Does the STA provide public telephones that are accessible and usable by individual with visual and hearing

impairments? Where are these telephones located? • Has the STA determined that equally effective communication cannot be provided?

o Is there a statement included in the Self-Evaluation from the head of your agency or designee that equally effective communication cannot be provided. If not in the Self-Evaluation, where is it published or filed?

o Does this statement provide the reasons why the service, program, or activity would be fundamentally altered or would result in undue financial and administrative burdens?

o Is there a description of what other action will be taken to provide the benefits or services to the maximum extent possible?

• Has the STA received, investigated and resolved ADA/504 complaints regarding it’s provision (or a

sub-recipient’s provision) of auxiliary aids? If so, obtain complaint information and outcome of the complaints.

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Introduction

Civil rights laws and implementing regulations extend to every facet of the Federal-aid highway program. This includes the design and construction of highways—from planning to project development, right-of-way, safety, and protecting the human and natural environment. As such, the FHWA has a fundamental responsibility to ensure that public funds are not spent in any fashion which encourages, entrenches, subsidizes or results in discrimination. As leaders for national mobility and stewards for national highway programs, FHWA has an inherent responsibility to ensure that all persons regardless of race, color, national origin, gender, age, disability or religion, share in the benefits of the transportation investments in our highway program. With regard to nondiscrimination on the basis of disability, the FHWA programs and actions must be aimed at providing a fully accessible transportation system and that our State and local partners have accessible programs and services. Each technical discipline within FHWA has some responsibility for ensuring that trans-portation facilities are planned, designed, constructed, and maintained with accessibility in mind. This is accom-plished through stewardship and oversight over all Federal, State, and local governmental agencies that build and maintain highways and roadways, whether or not they use Federal funds on a particular project. FHWA has developed key processes intended to assist transportation practitioners in evaluating the effects of a transporta-tion action on a community, its residents (including persons with disabilities) and their quality of life. Community Impact Assessment (CIA), Context Sensitive Solutions (CSS), Environmental Justice (EJ), and Safe Routes to Schools (SRS) are examples of a few of FHWA’s key programs in which the human environment is strongly considered in shaping the outcome of a project.

Laws and Regulations that Require Accessibility Three laws that require accessible planning, design and construction, and actions to integrate people with disabilities into mainstream society:

Architectural Barriers Act (the ABA) (1968)

(For Federal or Federal-funded facilities (42 U.S.C. §§ 4151 et seq. § 4151))

According to the U.S. Access Board, The ABA requires access to facilities designed, built, altered, or leased with Federal funds. Passed by Congress in 1968, it marks one of the first efforts to ensure access to the built environment. The Access Board develops and maintains accessibility guidelines under this law. These guidelines serve as the basis for the standards used to enforce the law, the Uniform Federal Accessibility Standards (UFAS). Four Federal agencies are responsible for the standards: the Department of Defense, the Department of Housing and Urban Development, the General Services Administration, and the U.S. Postal Service.

Federal agencies are responsible for ensuring compliance with UFAS when funding the design, construction, alteration, or leasing of facilities. Some departments have, as a matter of policy, also required compliance with the ADA Accessibility Guidelines (which otherwise do not apply to the Federal sector) in addition to UFAS.

The ABA is enforced by the Access Board through the receipt and investigation of complaints.

ADA APPENDICES

Implementation, Compliance, and Enforcement

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Rehabilitation Act (1973) (for Federal-aid programs (29 U.S.C. 794)

Several years after the ABA had become law, Congress observed that compliance had been uneven and that no initiatives to create Federal design standards for accessibility were underway. The Rehabilitation Act was passed to address these concerns. This Desk Reference will focus on Section 504 requirements, with which STAs must comply. Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Re-quirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessi-ble new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court (similar to Title VI of the Civil Rights Act of 1964), except that it prohibits discrimination on the basis of disability in programs, services, or activities receiving Federal Financial Assistance.

The Rehabilitation Act also contains the following Sections:

Section 501 of this act prohibits discrimination on the basis of disability in Federal employment and requires Federal agencies to establish affirmative action plans for the hiring, placement, and advancement of people with disabilities in Federal employment. Section 502 of this law created the Access Board, originally named the Architectural and Transportation Barriers Compliance Board. The Board was charged with ensuring Federal agency compliance with the ABA and proposing solutions to the environmental barriers problems addressed in the ABA. Congress was clear in its intent that compliance be the primary purpose of the Board's function. Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. Section 503 is the responsibility of the U.S. Department of Labor, Office of Federal Contractor Compliance Programs. Section 505 establishes the enforcement procedures for Title V of the Rehabilitation Act. Section 505 (a) (1) provides that the procedures and rights set forth in Section 717 of the Civil Rights Act of 1964 shall be available with respect to any complaint under Section 501. Section 505 (a)(2) provides that the remedies, rights and procedures set forth in Title VI of the Civil Rights Act of 1964 shall be available to any person alleging a violation of Section 504. In 1998, Congress amended the Rehabilitation Act. Section 508 was enacted to require Federal agencies to make their electronic and information technology accessible to people with disabilities, to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology.

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Americans with Disabilities Act (1990) (State and local government programs and facilities (ADA, Title II). ) (42 U.S.C. § § 12101 et seq)).

The Americans with Disabilities Act (1990) is a civil rights statute prohibiting discrimination against people with disabilities in all aspects of life, including transportation, public services, employment housing, public accommodations, education, communication, worship, recreation, and health services. In essence, the ADA places responsibility for the inability of people with disabilities in becoming part of mainstream society due to, or as a result of barriers in the physical, societal, and information infrastructure, and not a person’s disability.

The U.S. Congress determined that ADA was needed with the following findings placed in the original legislation at- PUBLIC LAW 101-336:

(a) FINDINGS. The Congress finds that-

(1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institution-alization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser ser-vices, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;

(8) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and non-productivity.

(b) PURPOSE. The clear purpose of this Act -

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

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The ADA requires nondiscriminatory policies in institutions that serve the public, whether publicly or privately owned. In each area, it seeks to ensure that persons with disabilities are afforded the same rights as other American citizens. This Desk Reference will focus on Title II—Nondiscrimination on the Basis of Disability in State and Local Government Services—which is discussed in greater detail on page 4—A—5. The ADA contains five Titles.

Title I - Equal Employment Opportunity for Individuals with Disabilities

This Title is designed to remove barriers that would deny qualified individuals with disabilities access to the same employment opportunities and benefits available to others without disabilities. Its provisions apply to employers with 25 or more employees (effective July 26, 1992) and to those with 15 or more employees (effective July 26, 1994). Title II, Subpart C, of the ADA addresses employment discrimination, but references Title I and Section 504 for specific requirements concerning employment. The employment provisions of the ADA are enforced primarily by the Equal Employment Opportunity Commission (EEOC).

Title III — Nondiscrimination on the Basis of Disability by

Public Accommodations and in Commercial Facilities

This Title prohibits discrimination on the basis of disability by private entities in places of public accommodation (such as hotels, stadiums, cinemas, cafeterias, golf courses, private schools, daycare centers, health clubs and conference centers). Title III requires that all new places of public accommodation and commercial facilities be designed and constructed so that they are readily accessible to, and usable by, persons with disabilities. It also requires that private entities that conduct examinations or courses for professional and trade licensing or certification provide equal opportunity to persons with disabilities.

Title IV — Telecommunications Relay Services

Title IV is a portion of the ADA statute, enforced by the Federal Communications Commission, that requires telephone companies to have developed interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week. TRS enables callers with hearing limitations and speech disabilities who use telecommunications devices for the deaf (TDDs), which are also known as teletypewriters (TTYs), and callers who use voice telephones to communicate with each other through a third party communications assistant. The requirements of Title IV should not be confused with the requirements of Title II Subpart E (Communications) of the ADA and Section 504 regulation at 49 CFR 27.7(c), where STAs are required to ensure that their communi-cations are accessible to individuals with hearing and visual impairments. Under Subpart E, a STA is required to provide program participants access to TDD/TTY service that would be provided to STAs by a telephone com-pany in order to make the STAs’ programs, services and activities accessible. The enforcement of Title IV is the responsibility of the Federal Communications Commission (FCC), not FHWA, as FCC has jurisdiction over telephone companies.

Title V — ADA Miscellaneous Provisions

Title V contains a variety of provisions relating to the ADA as a whole, including its relationship to other laws and its impact on insurance providers and benefits. It also states that individuals cannot be required to accept ac-commodations and services against their will; clarifies the fact that public entities, including the States, can be sued for ADA violations; prohibits retaliation and coercion against those exercising or seeking to exercise their rights under the ADA; and summarizes remedies and procedures. It establishes the role of Federal agencies with respect to enforcement and technical assistance related to the ADA and extends coverage to the U.S. Congress. This Desk Reference will address FHWA’s roles and responsibilities for Title II ADA and Section 504 of the Rehabilitation Act of 1973 for which the basic content of each of these will be noted below. However, not all of the distinct provisions of each section will be included in this overview.

4 — A — 4

Title II ADA (State and Local Governments)

This Title prohibits discrimination on the basis of disability by public entities. It is divided into two parts, the first of which deals with State and local governments and the second with public transportation. The provisions related to State and local governments are similar to those previously set forth under Section 504 for public and private entities that receive federal funding. Title II extends that nondiscrimination mandate to all public entities, regardless of funding status. The Federal Highway Administration enforces Title II as it pertains to transportation agencies and local governments that build, own, operate and maintain pedestrian facilities along the roads and highways. With the passage of the ADA, people with disabilities are, for the first time, assured of access to all programs and services provided by State and local government agencies. Previously, under Section 504 of the Rehabilita-tion Act of 1973, as amended, only those public entities that receive federal funding were explicitly prohibited from discriminating on the basis of disability. But ADA Title II prohibits all public entities--even those completely independent from Federal funding--from discriminating against people with disabilities. Title II is divided into two subtitles. This Desk Reference focuses on Subtitle or Part A, which is implemented by the Department of Justice's Title II regulation at 28 CFR Part 35. Subtitle or Part B covers public transportation and is implemented by the Department of Transportation's regulation at 49 CFR Part 37. Subtitle or Part B provisions will not be addressed here. The use of the term "Title II" throughout this Desk Reference is intended to refer only to ADA Title II, Part A, 42 USC 12131 - 12134. The United States Department of Justice regulates the enforcement of ADA Title II in 28 CFR Part 35. The reach of the regulation is stated to include “all services, programs, and activities provided or made available by public entities” but not those designated as public transportation services, programs, and activities of public entities that are covered by part B of Title II (42 U.S.C. 12141). 28 CFR § 35.102. The obligation to comply with Title II extends to all public entities, including:

• any State or local government; and • any department, agency, special purpose State Transportation Agency, or other instrumentality of a

State or local government. All STA systems must meet ADA Title II accessibility standards because they are considered "instrumentalities" of the State government. All programs, activities, and services of the STA systems must meet ADA Title II accessibility standards. Examples of activities covered include:

• the operation of all services and programs offered by the entity; • all aspects of the employment relationship; and • services carried out by contractors.

ADA Title II Regulation Subparts

The regulation implementing SubTitle or Part A of ADA Title II is divided into seven Subparts: (1) general, (2) general requirements, (3) employment, (4) program accessibility, (5) communications, (6) compliance proce-dures, and (7) designated agencies. The basic content of each of these will be noted briefly below. Not all of the distinct provisions of each section will be included in this brief overview, however. For more detailed information, consult the chapter in which that part is discussed (indicated at the end of each section summary).

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General (28 CFR 35.101-35.107) This Subpart provides basic background on the law's purpose, its relationship to other laws, and key definitions essential to its interpretation. It also presents the requirement that public entities conduct a self-evaluation to determine whether they are in compliance, provide notice regarding the rights and protections afforded by Title II, and, if the entity employs over 50 persons, designate a responsible employee to coordinate the entity's compliance with Title II and establish a grievance procedure to handle complaints. General Requirements (28 CFR 35.130-35.135) This Subpart of the Title II regulation addresses the basic mandate of the ADA: that is, that no qualified individual with a disability shall be excluded from participation in, or denied access to, programs or activities; denied benefits or services; or be subjected to discrimination by any public entity. Specifically, this section discusses the general prohibitions against discrimination, and provisions regarding the illegal use of drugs, smoking, maintenance of accessible features, retaliation or coercion, and personal devices and services. Employment (28 CFR 35.140) The ADA Title II regulation states that public entities are prohibited from discriminating in employment in any service, program or activity conducted by the public entity. Title II ADA requires that public entities follow Title I requirements, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, It should also be noted that Section 504, at 49 CFR §27.19 provides that compliance with the EEOC Title I regulations is required as a condition of compliance with Section 504 for FHWA recipients even for organizations which, because they have fewer than the minimum number of employees (15 or 25), would not be subject to the EEOC regulation in its own right. Compliance with all these regulations is a condition of receiving Federal financial assistance from the Department of Transportation.. Therefore, all STAs are subject to ADA Title I standards. The basic mandate of ADA Title I is that an employer cannot discriminate against qualified individuals with disabilities in its employment policies and practices. For example, employers are required to make reasonable accommodations for qualified applicants and employees with disabilities upon their request, unless the employer can prove that providing the accommodation would result in an undue hardship. The ADA Title I regulation pro-hibits discrimination in all aspects of employment, including recruitment, advertising, the application process, job classifications, position descriptions, testing, interviewing, hiring, assignments, evaluation, discipline, medical examinations, compensation, promotion, on-the-job training, leave, tenure, seniority, lines of progression, benefits (such as health insurance), social and recreational programs, layoff/recall, and termination.

Program Accessibility (28 CFR 35.149-35.151) This Subpart of the Title II regulation addresses the requirement that public entities ensure that their programs and activities are accessible to, and usable by, persons with disabilities. This section governs STA buildings, facilities, including pedestrian facilities within the public right-of-way. The ADA Title II regulation also contains standards for existing facilities, as well as for new construction and alterations of facilities. This Subpart of the Title II regulation addresses the requirement that public entities ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. The Subpart addresses the responsibility of a public entity to furnish auxiliary aids and services. In addi-tion, it sets forth requirements for providing TDDs, telephone emergency services, and information and signage. While the Section 504 regulation does contain a number of nondiscrimination requirements that, taken as a whole, result in an obligation to provide effective communication, the Title II regulation contains specific require-ments that are not provided in the Section 504 regulation (e.g., requirements for TDDs and telephone emergency services). Compliance Procedures (28 CFR 35.170-35.178) This Subpart establishes the administrative procedures for enforcement of ADA Title II. It also states provisions related to attorney's fees, alternative means of dispute resolution, the effect of the unavailability of technical as-sistance, and State immunity.

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Designated Agencies (28 CFR 35.190) This Subpart designates the federal agencies responsible for investigation of ADA Title II complaints, distributing enforcement responsibilities for particular public entities among eight federal agencies. The U.S. Department of Transportation is designated to enforce ADA Title II in areas within the public right-of-way. Complaints related to employment are referred to the Equal Employment Opportunity Commission (EEOC). Complaints regarding TDD/TTY service are to be referred to the Federal Communication Commission only after careful and thorough review of the complaint to determine that the allegations do not involve compliance issues covered under Title II ADA Subpart E (communications) or Section 504.

Application of Other Laws

The ADA statute and regulations clearly specify that ADA Title II may not be interepreted to apply to a lesser degree of protection to individuals with disabilities than is provided under Section 504. The U.S. Department of Justice Regulation explains at 28 CFR § 35.103 the ADA Title II relationship to these other laws as follows: (a) Rule of Interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a

lesser standard than the standards applied under Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations issued by Federal agencies pursuant to that Title.

(b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other

Federal laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.

ADA Title II, like Section 504, requires covered entities to evaluate current policies and practices. The ADA does not require new self-evaluations for all State Transportation Agency programs and activities, if the STA completed a self-evaluation as part of its obligations under Section 504. In this instance, only programs not previously reviewed, or changes in programs and functions, must be evaluated. However, many Section 504 self-evaluations were conducted years ago; actions taken to comply with Section 504 may not have been fully implemented or may no longer be effective, and the scope of the covered program or activity may have been more limited than subsequently required by statute. Therefore, it is strongly encouraged that STAs conduct a comprehensive review of all current programs, and periodically update those reviews. Similarly, the transition plan required by ADA Title II must cover structural changes to facilities to achieve program accessibility in parts of the STA’s operation not covered by the Section 504 transition plan. If there are structural or other changes identified in the previous transition plan for Section 504 that have not been completed, these changes should be included as priorities in the Title II transition plan. Note also that the ADA does not in any way relieve STAs from complying with any other State, local, or Federal laws that bear on the rights of individuals with disabilities and that provide protection at least equal to that given under the ADA.

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STA Title II ADA and Section 504 Program Requirements

Section 504 Assurances

The USDOT Section 504 regulation at 49 CFR § 27.9 provides that each recipient (and sub-recipient) of Federal financial assistance shall develop, as a condition to approval or extension of any Federal assistance, written assurances that its programs and activities will be conducted/operated in compliance with all require-ments of Section 504 of the Rehabilitation Act, as amended, and Title II of the Americans with Disabilities Act of 1990. The regulation also provides that the assurance provided shall obligate the recipient to comply with Section 504 for the period during which the Federal financial assistance is extended to the program. With re-spect to property as a form of Federal Financial Assistance, the requirements apply not only to the current recipient but also to entities who buy the property or receive the property in the form of a transfer for as long as the property is used for the purpose for which the Federal financial assistance was provided or for a similar purpose. These assurances should be inserted into any application, contract or other instrument that a recipient signs and submits to the STA and/or FHWA in order to receive Federal Financial Assistance. Below is a sample assurance: “(Recipient) will comply with provisions of the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, FHWA (insert funding program here) Guidance, and any other Federal, State, and/or local laws, rules and/or regulations.”

Notice of Nondiscrimination Requirements

Both the Title II ADA and Section 504 regulations provide requirements for STAs to inform the general public of their obligation to comply with these regulations. (28 CFR § 35.106 and 49 CFR § 27.15). These regulations require that recipients notify STA program participants and applicants they do not discriminate on the basis of disability in the admission to, or provision of its programs, services and activities. Many entities who must comply with these requirements in sectors outside of transportation have developed “Notices of Nondiscrimination” that incorporate all the notice requirements of ADA and Section 504. The Notice of Nondiscrimination is not to be confused with the “assurances” statements that are provided by STAs as stated above or in Title VI plans, bid notices, and in Federal-aid construction contracts via FHWA Form-1273 “Required Contract Provisions Federal-aid Construction Contracts.” The assurances and statements provided in these documents are methods that the

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Notice Requirements Title II ADA Section 504

A statement that STA prohibits discrimination on the basis of disability in the provision of or admission to its programs, services and activities (statement of nondiscrimination)

Yes (However, the ADA requirements are less specific with respect to specific language; the ADA preamble provides more guidance.)

Yes

Designate an employee responsible for compliance with the regulation (Coordinator) Yes Yes

Inform the public of the name, title, office ad-dress and phone number of the Coordinator

Yes (but not required to be included in a statement of nondiscrimination)

No (Section 504 only re-quires that the notice con-tain the identity of the indi-vidual designated as the Section 504 Coordinator)

Statement of nondiscrimination is included in recruitment materials or publications contain-ing general information that it makes available to participants, beneficiaries, applicants, or employees.

No (However, the preamble suggests that the public entity use these methods of dissemination.)

Yes

STAs must use to confirm to the FHWA that by receiving Federal-aid, they will not discriminate under the applicable civil rights laws and regulations, and failure either to include these statements or abide by their intent, would result in non-compliance, or result in a breach of contract. The Notice of Nondiscrimination is a required method of informing the general public that the STA will not discriminate on the basis of disability with respect to its programs, services and activities. The Notice of Nondiscrimination also has broader dissemination than the assurances or nondiscrimination statements required under other FHWA civil rights regulations. While both Title II ADA and Section 504 have notice requirements, they are similar, but not identical in nature. There are minor differences between the regulations relating to the required content of recipient notices of non-discrimination and how the notice is disseminated. Despite these differences, we recommend that recipients and public entities develop a universal Notice of Nondiscrimination based on the model statement provided in Appendix 4—D—1 to ensure compliance with the regulations and also to provide easier access to information for program participants. The table on 4—A—8 delineates the notice requirements of the Title II ADA and Section 504 regulations. As indicated above, the Title II regulation requires that a public entity generally make information regarding the provisions of Title II available to applicants, participants and other interested persons (28 CFR §35.106). The Title II regulation also requires public entities to advise the public of the name, work address and work telephone number of the individual designated as the ADA Coordinator. However, the Title II regulation does not specify the methods to be used by recipients in publishing notices of nondiscrimination (The Title II ADA preamble suggests that the public entity use these methods of dissemination). The USDOT Section 504 regulations contain more detailed requirements that specify the information that must be included in a Notice of Nondiscrimination. These regulations specify program participants and beneficiaries to include “those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient.” The Section 504 regulation requires that a recipient of Federal Financial Assis-tance from FHWA must implement appropriate, continuing steps to notify STA program and service participants and beneficiaries that the recipient does not discriminate on the basis of disability in violation of the statute and regulation. The employee designated to coordinate compliance with Section 504 regulations must be identified in the notification. The Notice of Nondiscrimination notice must contain two basic elements: (1) a statement of nondiscrimination that specifies the basis for nondiscrimination with respect to ADA and Section 504; and (2) identification by name or title, address, and telephone number of the employee or employees responsible for coordinating the compliance efforts for both regulations. The regulations do not require a recipient to identify the pertinent regula-tions by title. Since STAs also have a responsibility to comply with Title I (Employment), it is prudent to reference “ADA” instead of a specific Title of the ADA in the Notice of Nondiscrimination. The Section 504 regulation does not require a recipient to include the address or telephone number of the responsible employee assigned to coordinate its compliance efforts. However, identifying the responsible employee without information on how to contact that person does not constitute an effective notice. An acceptable nondiscrimination notice should provide information on how to contact the responsible employee. While not specifically required by the ADA or Section 504 regulation, it would be beneficial to provide the ADA/504 Coordinator’s e-mail address in the Notice of Nondiscrimination to facilitate communication between STA program participants and the ADA/504 Coordinator (the regulations were promulgated prior to the widespread use of e-mail). Compliance with the notification requirements of Section 504 will also generally satisfy the notification requirements of Title II for State and local governments. If the person leaves the ADA/504 Coordinator position or if the STA decides to assign that responsibility to another individual, the STA, at a minimum, must update and revise the Notice of Nondiscrimination when it updates the publications that include the Notice of Nondiscrimination. The STA can insert the Notice of Nondiscrimination in current publications that are not being updated or reprinted via decal or other method. Actual methods of notification are detailed on page 4—A—10.

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Methods of Notification of Nondiscrimination Requirements In accordance with Section 504 regulations 49 CFR § 27.15(a), the STA may opt to post the Notice of Nondiscrimination in local newspapers and magazines in the area it serves. However, the Section 504 regulation at 49 CFR § 27.15(b) states that STAs must include the Notice of Nondiscrimination in any bulletins, announcements, handbooks, pamphlets, brochures, recruitment materials application forms, or any other publication that are made available to its program participants, applicants, or employees. As noted above and in the Section 504 regulation STAs may meet this requirement either by including appropriate inserts in existing materials and publications, or by revising and reprinting the materials and publications. According to The Title II Action Guide (Adaptive Environments, Inc.) and the Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools (United States Department of Education – Office for Civil Rights). The following is a list of methods of providing this notice: The public at large: newspaper legal notice, flyers posted at all facilities, radio and/or captioned television announcements, and accessible websites. The US Department of Justice provides Website Accessibility Guidelines, and resources for website accessibility at: www.usdoj.gov/crt/ada/websites2.htm. Those guidelines are discussed in the Auxiliary Aids section of the Desk Reference. Prospective Employees: insert in job applications, newspaper ads, posted advertisements, posted vacancy notices. Current Employees: accessible intranet sites, new employee orientation documents, regular mailings to employees, posting at work sites, postings in lounges, faculty rooms, and dining areas, personnel manual, and training documents. Contractors and Vendors: Nondiscrimination notifications should be included in all contracts, purchase order forms, and agreements. With respect to STAs the notice should appear in addition to the above, in publications such as STA issued road maps, environmental assessments, environmental impact statements, affirmative action plans, brochures that explain program services and benefits such as public involvement, right-of-way, planning and construction. The notice should be displayed prominently in public areas such as the lobbies of STA buildings, at highway rest areas, at public meetings or public information centers set up for public involvement activities connected to highway projects (the Notice of Nondiscrimination can be announced by the hearing officer). The notice should also be posted on the STAs website. While not specifically required by the ADA or Section 504 regulation, it would be beneficial to embed the ADA/504 Coordinator’s e-mail address in the Notice of Nondiscrimination to facilitate communication between STA program participants and the ADA/504 Coordinator. Sample Notice of Nondiscrimination The Title II Action Guide, developed by Adaptive Environments, Inc. and the Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools (United States Department of Education – Office for Civil Rights) has developed this sample Notice of Nondiscrimination:

[NAME OF ORGANIZATION] does not discriminate on the basis of disability in admission to its programs, services, or activities, in access to them, in treatment of individuals with disabilities, or in any aspect of their operations. The [organization] also does not discriminate on the basis of disability in its hiring or employment practices.

This notice is provided as required by Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Questions, complaints, or requests for additional information regarding the ADA and Section 504 may be forwarded to the designated ADA and Section 504 compliance coordinator:

1. Name and Title: 2. Phone Number (Voice/TDD): 3. Office Address: 4. Days/Hours Available:

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This notice is available from the ADA and Section 504 compliance coordinator in large print, on audio tape, and in Braille. (If additional alternative formats are available, such as computer bulletin boards, organizations may state that this notice is available in the additional alternative formats.) Besides providing general notifications, it is important to notify interested persons and stakeholders involved with implementing key STA processes to ensure nondiscrimination as it applies to the specific services, programs, or activities of the public entity. This requires first identifying the program and business areas where the organization interacts with applicants, participants, and beneficiaries. For example, a STA employs job applicants, maintains rest areas, solicits participants for public meetings, and notifies the public about right-of-way acquisitions and bidding opportunities for highway construction projects. Therefore, it is important to provide notifications as they apply to each service: recruitment, rest area information, newspaper advertisements, the acquisition process and publications. Specifically, a public meeting notification would also include information on how to obtain the written materials in alternative formats or other reasonable accommodations required for participation in that particular meeting.

Self-Evaluation

The Title II ADA regulation at 28 CFR § 35.105 and Section 504 regulation at 49 CFR § 27.11(c)(2)(i)(ii) provide that all recipients and public entities, regardless of size, must conduct a self-evaluation. The self-evaluation is a comprehensive review of the public entity's current policies, services, communications and practices, and its ef-fect upon persons with disabilities. The Title II ADA regulation at 28 CFR § 35.105 provides that a public entity must evaluate its current services, policies, and practices, and the effects of implementation that do not or may not meet the requirements of the ADA and, to the extent the modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications. Since the scope of the review includes not only formal written policies and procedures but also actual operating practices, it is important to involve not only administrators and senior managers but also program staff and participants. The entity must analyze the impact on persons with disabilities, recognizing that adverse effects are often inadvertent. The Title II self-evaluation should have been completed by January 26, 1993 [28 C.F.R. § 35.105(a)], although recipients of federal financial assistance have been responsible for compliance with Title II since January 26, 1992. Therefore, if discriminatory policies or practices are identified during the review process, they should be modified immediately. The Section 504 regulation at 49 CFR § 27.11(c)(2)(i)(ii) provides that recipients were to have completed the self-evaluation within 180 of the effective date of 49 CFR 27. Both regulations require that recipients provide an opportunity for interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation by sub-mitting comments [28 CFR § 35.105(b)]. Recipients must maintain the self-evaluation on file and make it avail-able for public inspection for at least three years from the date the self-evaluation was completed [28 CFR § 35.105(c) and 49 CFR § 27.11(c)(3)]. It is the responsibility of the ADA/504 Coordinator to maintain required in-formation in a form that will facilitate a prompt response to requests. Records kept must identify individuals who participated directly or indirectly in the review, the areas examined, whatever problems were discovered, and the corrections made as a result of the self-evaluation process [28 CFR § 35.105(c)]. Under Title II ADA at 28 CFR §35.105(d), if the STA has conducted a self-evaluation as required by Section 504, prior to the promulgation of the Title II ADA regulations in 1992, the STA is required to review only those pro-grams established since the Section 504 self-evaluation was conducted, and new or modified policies or practices that were not included in an earlier self-evaluation. This differs from the Section 504 regulation at 49 CFR § 27.11(c) (2)(v), that requires recipients to establish a system for periodically reviewing and updating the self-evaluation. However, because most Section 504 self-evaluations were done years ago, many agencies reexamined all of their policies and programs with the enactment of the ADA. Programs and functions may have changed, and actions that were supposed to have been taken to comply with Section 504 may not have been fully implemented or may no longer be effective. (A glaring example of such an area of change is the entire realm of computers, now a significant part of nearly every aspect of services and programs.)

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If a STA has not completed its Section 504 or ADA self-evaluation or made the necessary modifications to policies and procedures, it is recommended that it do so as quickly as possible. A sound practice is to implement a system of self-evaluation annually, biannually, and/or triennially, as part of the Title VI Equal Employment Opportunity Assurances to the FHWA. Agencies that have met their deadlines are recommended to establish and maintain self-evaluation systems to provide on-going compliance reviews. Programs change, personnel leave, and technology improves, all necessitating a system of monitoring and transitioning. Each agency should identify the functional program areas that deliver services, programs and activities. In order to be most effective, the ADA/504 coordinator should utilize an interdisciplinary approach, whereby ADA/504 Liaisons are designated in each of the respective discipline areas(such as Planning, Right-of-Way, Construction, Design, etc.) to bring their knowledge/expertise to the table on geometric design, construction tolerances, etc. It is very important that the planning, design, and construction, etc. staff be intimately involved/familiar with the agencies’ responsibilities and development of self-assessment, transition plan, policies and procedures, and that they take an active role to ensure that these responsibilities are ultimately carried out. This liaison is provided with the proper training, any technical assistance needed, and will be responsible for ensuring compliance with Section 504/ADA in their respective program areas. Each functional area needs a method of self-evaluation that is reported to the designated ADA Coordinator. For example:

• Facilities Services Section 504/ADA Liaison manages a process that reviews facilities annually for deficiencies, with ADA accessibility reviewed specifically. This allows for regional planners to submit facility work requests to obtain funding and provide corrections to ADA deficiencies that have become apparent since the ADA Transition Plan was developed. Reviews and facility improvements are reported to the agency ADA Coordinator annually.

• Design Program Section 504/ADA Liaison reported a Design Manual Supplement established to

address ADA accessible facilities in all projects, including preservation projects, and add detectable warning surfaces to all sidewalk ramps or trail crossings, regardless of the jurisdictional responsibility for the facilities. (See attachment titled, “Addressing ADA Accessible Facilities on Read, Street, and Highway Projects.”)

Transition Plan

Recipients with 15 or more employees and public entities with 50 or more employees under Section 504 and ADA at 49 CFR § 27.11(c)(2)(iii)(iv)(v) & 28 CFR §35.150(d) respectively, are required to develop a transition plan when structural changes to existing facilities are necessary in order to make a program, service, or activity accessible to people with disabilities. Title II ADA public entities were required to develop the transition plan by July 26, 1992, with the removal of all physical barriers identified in the Plan completed as expeditiously as possi-ble, but, in any event, by January 26, 1995. Interested persons, including individuals with disabilities or organiza-tions representing individuals with disabilities, are required to be provided an opportunity to comment on the transition plan. The plan must also be made available for public inspection for a period of three years. The regulations require that, at a minimum, the transition plan:

• identify physical obstacles in facilities that limit the accessibility of the public entity's programs, services, or activities to people with disabilities,

• describe in detail the methods the entity will use to make the facilities accessible; • provide a schedule for making the access modifications; • provide a yearly schedule for making the modifications if the transition plan is more than one year

long; and • indicate the name of the official who is responsible for implementing the transition plan.

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Recipients and public entities, including STAs must provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan must be made available for public inspection. Title II of the ADA at 28 CFR § 35.150(d)(2) provides that, if a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the ADA, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas. For STAs, the transition plan covers their buildings as well as pedestrian facilities in the right-of-way. The Title II transition plan is required for programs and policies that were not previously included in a Section 504 transition plan [28 CFR § 35.150(d)(4)]. However, agencies that are covered under Section 504 are not shielded from obligations under that statute, such as deadlines for making structural modifications, merely because they have met the Title II transition plan requirements. Title II of the ADA does not require the submission of transition plans to FHWA, nor does the regulation require that FHWA approve transition plans. However, FHWA can request that a recipient or public entity submit its tran-sition plan as necessary for program or project oversight activities, as well as complaint investigations [49 CFR § 27.121] . Because a STA may have jurisdiction over roads and highways, the transition plan must cover both its buildings and pedestrian rights-of-way and any other type of transportation facility the STA owns, operates or maintains. In developing transition plans, STAs must include all facilities that have been found to require structural modifications to achieve accessibility to their programs.

Action Steps for Transition Plan Notwithstanding regulatory requirements, recipients’/public entities’ transition plans should reflect careful and thorough analysis of their facilities that require alteration using a wide range of information from a variety of sources. The action plan should be executed as follows:

1) Identify staff and/or consultants to review each facility for compliance. The ADA/504 Coordinator should

be the lead staff member in the development and implementation of the transition plan so that efforts to achieve and maintain accessibility can be effectively coordinated throughout the STA and so that there is balance in the transition plan between STA programs and services, buildings and facilities, as well as pedestrian right-of-way facilities. The STA should form an ADA/504 advisory group or task force that will assist the ADA/504 coordinator in the development and implementation of the transition plan. The recipient/public entity can retain a consultant to assist with the transition plan.

2) Establish the public involvement process by which the disability community and others will participate.

The advisory group/task force should also include private citizens or representatives of other agencies with various forms of disabilities, or who will be impacted by the transition plan to make sure all needs are considered. The transition plan should reflect this input.

3) Identify all facilities used by each of the recipients’/public entities’ programs and services. With respect

to pedestrian right-of-way facilities in particular, include an inventory and/or map of streets, sidewalks, intersections that would need to be made accessible.

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4) Map out the usage and specialized features of each facility. This includes walkways and approaches to each facility from parking lots, bus stops and other transportation, doors and entrances, restrooms, vertical access (elevators and stairways, drinking fountains, play and picnic areas in parks, etc.

5) Choose a survey “tool” or list of standards. This must include evaluating for access by wheelchair

users and other mobility-impaired people who would require the use of curb ramps. The recipient can also evaluate for access for visually, hearing and cognitively impaired people, if the transition plan also incorporates sidewalks, Accessible Pedestrian Signals or other pedestrian facilities besides curb ramps.

6) Incorporate the recipients’/public entities’ capital improvement plans since new construction and

planned alterations to pedestrian facilities may result in the incorporation of accessible features more easily and less expensively.

7) Identify funding and timelines. Except for the regulatory requirement of completing the transition plan

by 1995, the recipients/public entities can set the timeline for installing accessible features as well as establishing a budget.

Elements of a Transition Plan FHWA has identified the following elements that contribute to a comprehensive transition plan:

1. The name, title, office address and phone number of the recipient/public entity official responsible for the coordination, development and implementation of the Transition Plan. If there is an advisory committee/task force, the names and titles of those individuals should be listed as well.

2. A schedule or work plan that lists the steps to be taken to develop and implement the transition plan. 3. An Inventory of buildings, facilities and pedestrian right-of-way locations (streets, intersections) to be

made accessible; 4. Identify the type of modification required to achieve accessibility, such as curb ramps (it may be

desirable to have separate curb ramp, sidewalk construction/repair or APS installation schedules). Prioritize locations to be modified in the following order:

1. State and local government offices and facilities (city hall, schools) 2. Location of government services and transit facilities (bus stops, train stations) 3. Location of places of public accommodations/employers (shops) 4. All other areas (residential)

Specify Public Involvement efforts:

1. Groups, Organizations, Individuals contacted 2. Methods of Public Involvement (meetings, surveys, web site) 3. Milestones based on intervals as required to monitor implementation

6) In 2004, the Texas Department of Transportation developed its Self-Evaluation and Transition Plan. It

also developed an initial prioritization plan with respect to the types of accessible pedestrian features to be installed and the locations (and conditions at locations that should get the highest priority). That plan is detailed in the chart on Page 4 — A — 15.

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It should be noted that the prioritization detailed below adheres to the parameters required by 28 CFR §35.150(d)(2) including, transportation, places of public accommodation, and employers, followed by walkways serving other areas. For example, although a residential area without curb ramps may have several residents with dis-abilities, it would not take higher priority than a public library located at an intersection without curb ramps. How-ever, that residential area should be among the first residential areas to have curb ramps installed. Also, a train station that does not have curb ramps at or near its location would have a higher priority than a bus stop at a location with a low population density and lower usage. Other factors that recipients and public entities can use to develop and implement the curb ramp schedule or pedestrian right-of-way portion of the transition plan:

• Citizen requests or complaints regarding inaccessible locations known to the public entity before the development and implementation of the transition plan.

• Pedestrian Level of Service (PLOS) analyses (pedestrian routes with higher level of use/PLOS rating

may have a higher priority for accessible features than an area with a lower level of use/ PLOS rating) • Specific project demand (A project with pedestrian facilities needs to be coordinated with the Transition

Plan) • Population density (areas with a high population density may have a higher priority for accessible

features than an area with a low population density) • Presence of Disabled Population (areas with a known disabled population such as a group home or

special needs facility may have a higher priority for accessible features than an area without. It is im-portant to note that lack of a disabled population in a recipient’s/public entity’s jurisdiction does relieve the recipient/public entity of the ADA/504 requirement to develop and implement a transition plan).

• Existence of accessible facilities (these facilities need not be included on the transition plan) • Cost (Can influence the timetable of installation of accessible facilities according to available

resources).

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Priority

Criteria

1A Existing curb ramp with running slope >12% AND Location near hospital, school, transit stop, govt. bldg, etc.

1B No curb ramp where sidewalk or ped. path exists AND Location near hospital, school, transit stop, govt. bldg, etc.

2A Existing curb ramp with running slope >12% (NOT located near hospital, etc.) 2B No curb ramp where sidewalk or ped. path exists (NOT located near hospital, etc.) 3 No curb ramp and striped crosswalk exists 4 One curb ramp per corner and another is needed to serve the other crossing direction 5A Existing curb ramp with either running slope >1:12 or insufficient landing 5B Existing curb ramp with obstructions in the ramp or landing

5C Existing curb ramp with any of the following conditions: a) cross slope >3% b) width < 36 inches c) no flush transition, OR Median/island crossings that are inaccessible

5D Existing curb ramp with returned curbs where pedestrian travel across the curb is not protected 5E Existing diagonal curb ramp without the 48” extension in the crosswalk 5F Existing curb ramp without truncated dome texture contrast OR without color contrast 6 Pedestrian push button is not accessible from the sidewalk and/or ramp

Recipients and public entities can incorporate other processes into the transition plan itself or vice versa, and can also be used to help develop and implement the transition plan. These processes include the following:

• Procedure for installation of accessible facilities, • A curb ramps/pedestrian facility request procedure, form or hotline • Pedestrian Master Plan or Bike-Pedestrian Plan • STA Statewide Transportation Improvement Plan (STIP) • MPO Transportation Improvement Plan (TIP) Designation of an ADA/504Coordinator

The Section 504 regulation at 49 CFR § 27.13 and the Title II regulation at 28 CFR §35.107 provide that recipients with 15 or more employees, and at any public entity with fifty (50) or more employees must designate at least one employee to coordinate compliance with the respective regulations. The Title II ADA public entity shall make available to all interested individuals the name, office address and telephone number of the ADA Coordinator, while a Section 504 recipient, at a minimum, must inform the public of the identity of it’s coordinator. The requirement for designation of a particular employee and dissemination of information about how to locate that employee helps to ensure that individuals dealing with large agencies are able to easily find a responsible person who is familiar with the requirements of the regulations and can communicate those requirements to other individuals in the agency who may be unaware of their responsibilities. It also provides opportunities for corrective action by the ADA/504 Coordinator. The ADA/504 coordinator can also ensure that the STA acts as one body with respect to ADA/504 compliance by promoting a uniform approach to achieving compliance with ADA/504 among the very diverse disciplines of the STA. Lastly, since there is usually an ADA/504 Coordinator for the entire State government, the ADA/504 Coordinator will serve as the STA’s point of contact for that individual’s State government ADA/504 compliance efforts. The ADA/504 Coordinator must be knowledgeable of all ADA/504 issues that a STA deals with, particularly those involving pedestrian right-of-way facilities. The ADA/504 Coordinator must also be effective in building and maintaining relationships with the STA’s external stakeholders, such as disability advocacy groups and organizations. The STA must give the ADA/504 Coordinator the authority needed to coordinate, respond and resolve all ADA/504 issues on behalf of the STA. Since STAs are organizations that perform a variety of tasks over a breadth of disciplines and professions, the STA can also appoint sub-level ADA/504 coordinators who will respond to issues in their regions and, in turn, will coordinate with a Statewide coordinator. The STA can also appoint an ADA/504 Coordinator for each discipline, division or unit of the STA (planning, design, construction, right-of-way, environment, public involvement, human resources) who will also coordinate with the STA ADA/504 Coordinator. That arrangement can be beneficial to the STA, if, for example, the ADA/504 Coordinator has primary experience in design, but has minimal or no experience in providing employment accommodations. In that case, the Statewide coordinator can delegate to, or collaborate with the sub-coordinator in human resources, who may be much more experienced in that area. A STA ADA/504 Coordinator responsibilities include the following:

• Monitoring the department’s current policies and practices for implementing ADA/504. • Identifying shortcomings in compliance and developing remedies. • Evaluating remedial steps taken to eliminate the effects of discrimination. • Monitoring complaint procedures that incorporate appropriate due process standards and providing

for prompt and equitable resolutions of complaints alleging an action prohibited by ADA/504. • Processing the disposition of complaints filed under ADA/504. • Ensuring agency compliance with ADA/504. • Collaborating and coordinating with the heads of major divisions and departments to enable

ADA/504 compliance efforts.

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• Establish and maintain collaborative relationships with critical external stakeholders, such as disability advocacy groups and organizations.

• Monitoring the agency’s ADA/504 Transition Plan to ensure that all department facilities remain in compliance with applicable accessibility standards.

• Monitoring established procedures to ensure that requested auxiliary aids are provided for persons with impairments to ensure effective alternate means of communication that concern department activities and programs. Auxiliary aids include, but are not limited to, computer voice recognition systems, Braille, large print, audiotapes, sign language interpreters, oral interpreters, etc.

• Monitoring the procedures to provide reasonable accommodations for disabled persons requiring access to agency programs or activities.

• Collecting statistical data of disabled employees and participants in agency programs and activities, as required by federal regulations.

• Conducting annual reviews of ADA/504 program areas. • Conducting ADA/504 training programs for agency managers and employees. • Preparing a report of ADA/504 accomplishments and problem areas for the Federal Highway

Administration Annual Assurance Report. • Monitoring the preparation of ADA/504 information for dissemination to the general public, including

the “Notice to the Public” offer to provide reasonable accommodation, upon request. • Identifying, investigating, and eliminating ADA/504 discrimination when found to exist.

Provision of Reasonable Accommodations for Employment Title II of the ADA at 28 CFR § 35.140 and Section 504 at 49 CFR § 27.19 provide that public entities and recipients (as well as sub-recipients), as a condition of USDOT Federal financial assistance, shall comply with the requirements of Section 504 and Title II of the ADA, as well as Title I of the ADA. Compliance with the Equal Employment Opportunity Commission’s (EEOC) Title I regulations is required as a condition of compliance with Section 504 for USDOT recipients. Adopting Grievance/Complaint Procedures for Disability Discrimination Complaints Title II of the ADA at 28 CFR § 35.107(b), requires public entities with 50 or more employees to adopt and publish a grievance procedure, while Section 504 at 49 CFR § 27.13(b) requires that a recipient with 15 or more employees “establish operating administration procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by (Section 504).” The Title II requirements regarding grievance procedures have been in effect since January 26, 1992, while Section 504 has been in effect since 1979. The purpose of grievance procedures for the STA and its sub-recipients is to establish a mechanism for resolution of complaints at that level without requiring the complainant to resort to using Federal complaint procedures established under subpart F of Title II and Subpart C of Section 504. Complainants would not, however, be required to exhaust the public entity's/recipient’s grievance procedures before filing a complaint under these subparts. Delay in filing the complaint at the Federal level caused by pursuit of the remedies available under the grievance procedure would generally be considered good cause for extending the time of 180 days from the latest alleged act of discrimination (See “complaints” in Roles and Responsibilities section). The Title II regulation provides that the ADA coordinator is to oversee the investigation and resolution of complaints [28 CFR § 35.107(a)]. The Title II regulation also provides that public entities must adopt and publish grievance procedures providing for prompt and equitable resolution of complaints [28 CFR § 35.107(b)]. The public entity may use a grievance procedure that is already in place. STAs and their sub-recipients should include language in their notices of nondiscrimination that states that individuals and groups can file a grievance or complaint with the ADA/504 Coordinator.

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The STA’s existing procedure for complaints from the public-at-large can be adopted. The STA or sub-recipient should feel free to adapt the grievance procedures requirements of Title II and Section 504 to existing proce-dures as required by other laws or regulations. However, an ADA/504 grievance procedure should include the following components:

• a detailed description of the procedures for submitting a grievance; • a two-step review process that allows for appeal within the STA or sub-recipient; • reasonable timeframes for review and resolution of the grievance; • records of all complaints submitted, responses given, and steps taken to resolve the issue; and • an alternative procedure if the complainant alleges that the ADA coordinator or other STA or

sub-recipient official with responsibilities regarding the grievance procedures process is a part of the alleged discrimination.

Individuals’ rights to file complaints with Federal agencies are independent from rights to submit complaints through State and local agencies’ grievance procedures. Therefore, if the STA receives a complaint, it should be processed through established agency procedures. However, notification of specific processes available to file with FHWA should be provided to complainants. As noted in the FHWA Roles and Responsibilities section, any complaint received by the FHWA against a STA shall be investigated by FHWA, while complaints received by the FHWA against a STA sub-recipient will be referred the STA. The STA can choose to investigate the complaint under their grievance/complaint procedures or refer the complaint back to FHWA for investigation. However, the complaint must be executed prior to this decision being made. If the complainant wants to use the STA grievance process, the grievance process must be utilized. If the complainant wants to have the FHWA investigate, then the complaint should be sent to the FHWA. Complaints received by STAs, including those filed against the STAs, can be investigated under their grievance procedures.

Provision of Accessible Communications

Title II of the ADA at 28 CFR § 35.160, 35.161, 35.163 and Section 504 at 49 CFR § 27.7 provides that recipients and public entities take such steps as may be necessary to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. This may entail furnishing appropriate auxiliary aids and services where necessary, giving primary consideration to the requests of persons with disabilities. Telecommunication devices for the deaf (TDDs) shall be used to communicate with individuals with impaired hearing or speech. The STAs developing and/or imple-menting a “511” traveler information service shall also consider the needs of individuals who are deaf or hard of hearing. In addition, communications via websites shall be accessible to individuals with visual or other impairments that inhibit the ability to access the STA’s websites.

Monitoring/Enforcement The Section 504 regulation at 49 CFR § 27.121 requires recipients/sub-recipients to maintain appropriate records pertaining to Section 504/ADA implementation/compliance and make such records available for inspec-tion/review by responsible Federal officials (i.e., FHWA, FTA, DOJ, et al). Recipients shall monitor sub-recipients for compliance with Section 504/ADA and take enforcement action, as appropriate.

Provision of Accessible Programs, Services, and Activities

Title II of the ADA 28 CFR § 35.149 through § 35.151 and Section 504 at 49 CFR § 27.75 provides that recipients and public entities provide “Program Access.” Program access means that recipients/sub-recipients must ensure that no qualified individual with a disability shall, because a public entity’s facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. Recipients/sub-recipients shall operate each service, program or activity so that the service, program or activity, when viewed in its entirety, is readily accessible to, and usable by individuals with disabilities.

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Provision of Accessible Facilities

Pedestrian Facilities The ADA and Section 504 do not require public agencies to provide pedestrian facilities. However, where pedestrian facilities exist they must be accessible. Furthermore, when public agencies construct improvements providing access for pedestrians, the completed project also must meet accessibility requirements for persons with disabilities to the maximum extent feasible.

Public agencies should work to meet accessibility requirements throughout the project delivery process. Issues surrounding pedestrian accessibility should be addressed at the earliest stage possible to reduce or prevent conflicts with other right-of-way, planning, environmental, and design considerations. This could include the acquisition of right-of-way and use of special plan details for specific locations to remove barriers. Projects requiring pedestrian accessibility include projects for new construction and projects altering existing street and highway facilities. New Construction All projects for new construction that provide pedestrian facilities must incorporate accessible pedestrian features to the extent technically feasible, without regard to cost. The development process should ensure accessibility requirements are incorporated in the project. Alterations Alterations shall incorporate accessibility improvements into existing pedestrian facilities to the extent that those improvements are in the scope of the project and are technically feasible, without regard to cost. Projects alter-ing the usability of the roadway must incorporate accessible pedestrian improvements at the same time as the alterations to the roadway occur. See Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert, denied, 511 U.S.C. 1033 (1994). Alterations are changes to a facility in the public right-of-way that affect or could affect access, circulation, or use by persons with disabilities. The FHWA has determined that alterations are projects that could affect the structure, grade, function, and use of the roadway. Alteration projects include reconstruction, major rehabilitation, structural resurfacing, widening, signal installation, pedestrian signal installation, and projects of similar scale and effect. Maintenance Maintenance activities are not considered alterations. Therefore, maintenance projects do not require simultane-ous improvements to pedestrian accessibility under the ADA and Section 504. The U.S. Department of Justice (DOJ) and the courts consider maintenance activities to include filling potholes. The FHWA has determined that maintenance activities include actions that are intended to preserve the system, retard future deterioration, and maintain the functional condition of the roadway without increasing the structural capacity. Maintenance activities include, but are not limited to, thin surface overlays (nonstructural), joint repair, pavement patching (filling pot-holes), shoulder repair, signing, striping, minor signal upgrades, and repairs to drainage systems. As part of maintenance operations, public agencies' standards and practices must ensure that the day-to-day operations keep the path of travel open and usable for persons with disabilities, throughout the year. This includes snow and debris removal, maintenance of pedestrian traffic in work zones, and correction of other disruptions. Identi-fied accessibility needs should be noted and incorporated into the transition plan. Technical Feasibility and Cost When constructing a new transportation facility or altering an existing transportation facility, a public agency should consider what is included within the scope of the project. For elements that are within the scope of the project, the ADAAG provides that "Any features of a... facility that are being altered and can be made accessible shall be made accessible [i.e., made to conform with ADAAG] within the scope of the alteration." ADAAG 4.1.6(j). The only exception to this rule is where conformity with ADAAG is "technically infeasible," meaning that "existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame [e.g., in the case of a highway project, a bridge support]; or because other existing physical or site constraints prohibit modification of addition of elements, spaces, or features which are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility." ADAAG 4.1.6(j). 4 — A— 19

Where making an alteration that meets accessibility requirements is technically infeasible, the public agency must ensure that the alteration provides accessibility to the "maximum extent feasible." If a public agency be-lieves that full ADAAG compliance is technically infeasible, the public agency should document that the pro-posed solution to the problem meets the "maximum extent feasible" test. With respect to any element of an al-teration that is within the scope of the project and is not technically infeasible, DOJ guidance provides that under ADAAG standards "cost is not a factor." DOJ Technical Assistance Manual for Title II of the ADA, 11-6.3100(4). Consequently, if the accessibility improvement is technically feasible, the public agency must bear the cost of fully meeting ADAAG standards. However, cost may be a factor in determining whether to undertake a stand-alone accessibility improvement identified in a transition plan. For example, if an existing highway, not scheduled for an alteration, is listed in the public agency's transition plan as needing curb cuts, the public agency may consider costs that are "unduly burdensome." The test for being unduly burdensome is the proportion of the cost for accessibility improvements compared to the agency's overall budget, not simply the project cost. If the project alters any aspect of the pedestrian route, it must be replaced with accessible facilities. Additional work outside of the scope and limits of the project altering a facility is at the discretion of the agency. However, any feature not conforming to ADA requirements outside the project scope should be added to the transition plan. Sidewalks and Street Crossings Where sidewalks are provided, public agencies shall provide pedestrian access features such as continuous, unobstructed sidewalks, and curb cuts with detectable warnings at highway and street crossings (28 CFR 35.151(c), referencing 28 CFR Part 36, App. A, ADA Accessibility Guidelines (ADAAG)). The FHWA encourages the use of ADAAG standards. If pedestrian signals are provided, they must have a reasonable and consistent plan to be accessible to persons with visual disabilities. Sidewalks and street crossings generally should use the guidelines the Access Board is proposing for public rights-of-way. The FHWA distributed an infor-mation memorandum on November 20, 2001, stating that Designing Sidewalks and Trails, Part II, Best Practices Design Guide can be used to design and construct accessible pedestrian facilities. This report provides informa-tion on how to implement the requirements of Title II of the ADA. Designing Sidewalks and Trails for Access is the most comprehensive report available for designing sidewalks and street crossings. It contains compatible information on providing accessibility and information published by the Access Board in the ADAAG. This report can be found at www.fhwa.dot.gov/environment/sidewalk2. When the Access Board completes guidelines for public rights-of-way and they are adopted by the United States Department of Transportation and DOJ as standards under the ADA and Section 504, they will supersede the currently used standards and criteria. Shared Use Paths and Trails The design standards for shared use paths and trails are specific to the function of the path or trail:

• Shared use paths and pedestrian trails that function as sidewalks shall meet the same requirements as sidewalks. Where shared use paths and pedestrian trails cross highways or streets, the crossing also shall meet the same requirements as street crossings, including the provision of detectable warnings.

• Shared use paths and pedestrian trails that function as trails should meet the accessibility guidelines proposed in the Access Board's Regulatory Negotiation Committee on Accessibility for Outdoor Developed Areas Final Report found at www.accessboard.gov/outdoor/outdoor- rec-rpt.httn. This report also has guidelines for Outdoor Recreation Access Routes (routes connecting accessible elements within a picnic area, camping area, or a designated trailhead).

• Recreational trails primarily designed and constructed for use by equestrians, mountain bicyclists, snowmobile users, or off-highway vehicle users, are exempt from accessibility requirements even though they have occasional pedestrian use.

Most trailside and trailhead structural facilities (parking areas, restrooms) must meet the ADAAG standards.

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Buildings and non-Pedestrian Rights-of-Way Facilities When Federal-aid highway program funds are used for parking facilities, or buildings such as transit facilities, rest areas, information centers, transportation museums, historic preservation projects, or other projects where pedestrians are expected, the project must meet the current applicable accessibility standards, whether or not the project is within the public right-of-way. The ADAAG includes special provisions for building alterations and for historic preservation projects. Maintenance of Accessible Features The Title II ADA regulation at 28 CFR § 35.133 requires that recipients/sub-recipients must, to the maximum ex-tent feasible, ensure that facilities are properly maintained and free of obstructions. Potential obstructions of a pedestrian facility may include sidewalk furniture, utility poles/equipment, tree roots, potted plants, snow/ice, in-operable elevators/lifts, etc Facilities are required to be readily accessible to and usable by persons with dis-abilities. Temporary obstructions or isolated instances of mechanical failure would not be considered in violation; however, prolonged inaccessibility would be a violation of the ADA.

OTHER PROGRAM REQUIREMENTS There are two other regulations in 23 CFR which are outside of Title II ADA and Section 504 obligations that pertain to accessibility for individuals with disabilities. Those regulations are 23 CFR Part 652 (“Pedestrian and Bicycle Accommodations and Projects”) and 23 CFR Part 1235 (“Uniform System for Parking for Persons with Disabilities”) Pedestrian and Bicycle Accommodations and Projects This regulation at 23 CFR § 652.5 provides that the special needs of individuals with disabilities shall be considered in all Federal-aid projects that include pedestrian facilities. Other sections of 23 CFR 652.9 establish the provision of Federal-aid for such projects—100 percent Federal-aid can finance the construction of independent walkway projects on the right-of-way or right-of-way can be acquired to meet these eligibility requirements; or, they can be included as incidental features of highway projects financed with funds for those projects (except for Interstate construction Federal-aid). 23 CFR Part 652 also provides that pedestrian projects be included in the MPO’s TIP, and sets forth eligibility requirements for these projects.

Planning

Title 23 requires that long-range transportation plans and transportation improvement programs, in both state-wide and metropolitan planning processes, provide for the development and integrated management and opera-tion of accessible transportation systems and facilities. Additionally, STAs and Metropolitan Planning Organiza-tions (MPOs) must certify (at least biennially for STAs and annually for MPOs) that the transportation planning process is being carried out or conducted in accordance with all FHWA, Federal Transit Administration and other applicable Federal statutory and regulatory requirements [see 23 CFR 450.220 and 23 CFR 450.334, respec-tively]. Further, 23 CFR 450.316(b)(3) requires the metropolitan planning process to identify actions necessary to comply with the ADA and Section 504.

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Uniform System for Parking for Persons with Disabilities

The purpose of this regulation is to provide guidelines for the establishment of a uniform system for handicapped parking for persons with disabilities to enhance access and the safety of persons with disabilities, which limit or impair the ability to walk. The regulations set standards for the following:

• Eligibility Requirements: This regulation sets standards to determine eligibility for disabled parking license plates and placards. Specifically 23 CFR § 1235.2 provides that eligible persons, known as “Persons with disabilities which limit or impair the ability to walk,” means they are limited or impaired as determined by a licensed physician in the ability to walk. They cannot walk two hundred feet without stopping to rest, or cannot walk without assistance. This includes not being able to walk due to arthritic, neurological or orthopedic condition. Disability also includes someone that is restricted by lung disease or has to use portable oxygen. A cardiac condition classified as a Class III or Class IV is also included as a disability.

• Special License Plates: The license plate must be in a color that contrasts to the background and

in the same size as the letters and/or numbers on the plate. Each State shall issue special license plates for the vehicle, which is registered in the applicant’s name. The initial application shall be accompanied by the certification of a licensed physician that the applicant meets the definition of persons with disabilities, which limit or impair the ability to work. The issuance of a special license plate shall not preclude the issuance of a removable windshield placard. Organizations that pri-marily transport persons with disabilities may also be issued a special license plate. The applica-tion shall include a certification by the applicant, under criteria to be determined by the State. The fee for the special license plate shall not exceed the fee charged for a similar license plate for the same class vehicle.

• Removable or Temporarily-Issued Removable Placards: These placards must have an

identification number, an expiration date and a seal or other identification of the issuing authority. The State will issue a placard to a person with a disability and upon request issue another placard for people who do not have a special license plate. The initial application for the placard shall be accompanied by the certification of a licensed physician that the definition standards for disability are met. The removable windshield placard is to be displayed in a manner where it can be viewed from the front and rear of the vehicle. When there is no rear view mirror, the placard should be displayed on the dashboard. If the placard is temporary, it shall be valid for a period of time for which the physician has determined that the applicant will have the disability no longer than six months from the date of issue. This regulation at 23 CFR 1235.6 & 1235.7 also provides that special license plates and the placards, displaying the International Symbol of Access shall be the only means of identifying vehicles permitted to park in parking spaces reserved for individuals with disabilities as defined by 23 CFR § 1235.2. Therefore, an individual who has a visible or obvious disability and fails to obtain the special license plate or removable placard is NOT eligible to park in these parking spaces.

• Reciprocity: 23 CFR 1235.8 provides that each State shall recognize placards and special

license plates which have been issued by authorities of other States and countries, for the pur-pose of identifying vehicles permitted to utilize parking spaces reserved for persons with disabilities defined by a licensed physician which is included in their initial application.

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ADA/504 APPENDICES

TECHNICAL ASSISTANCE TOOL

State Transportation Agency (STA) Responsibilities A. General Requirements (Subpart A and B): Yes No ?

1. Does the STA have a 504/ADA coordinator? (28 CFR 35.107(a) & 49 CFR 27.13(a)) 2. Does the STA have an internal grievance procedure that allows for quick and prompt solutions for

any complaints based on alleged noncompliance with 504/ADA? (28 CFR 35.107(b) & 49 CFR 27.13(b))

3. Does the STA keep on file for at least one year all complaints of noncompliance with ADA and 504 received? (49 CFR 27.121(b))

4. Has the STA drafted and disseminated to participants, applicants, employees, unions, and contractors/consultants a non-discrimination policy statement that states that the STA does not discriminate on the basis of disability in admission or access to, or treatment or employment in its programs or activities? (28 CFR 35.106 & 49 CFR 27.15)

5. Does the non-discrimination policy statement also identify the name, title, office address and of-fice telephone number of the 504/ADA Coordinator? (28 CFR 35.107(a) & 49 CFR 27.15(a) and (b))

6. Has the STA conducted a self-evaluation of its current services, policies, and practices, and the effects thereof, to determine necessary modifications to achieve program accessibility? (28 CFR 35.105 & 49 CFR 27.11(c)(2)(i-v))

7. If so, did the STA provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments? (28 CFR 35.105(b) & 49 CFR 27.11(c)(2))

8. Has the recipient established a system for periodically reviewing and updating the evaluation? (49 CFR 27.11 (c)(2)(v))

9. Does the STA maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities? (28 CFR 35.133)

10. Does the STA monitor sub-recipients who receive STA assistance (local governments, contractors, consultants) to ensure compliance with Title II ADA and 504 with respect to STA-funded (both Federal and State $$) projects and programs that the sub-recipients implement? (28 CFR 35.130 (b)(1)(v) & 49 CFR 27.7 (V))

11. Does the STA provide a written assurance to the FHWA that it will not discriminate on the basis of disability in the provision of its programs, services, activities, and facilities, and that it will be in compliance with Section 504 and all of its requirements? (49 CFR 27.9)

B. Program and Facility Accessibility ( Subpart D) Title II ADA Transition Plan requirements 1. Has the STA developed and implemented a transition plan that outlines which structural

modifications must be made to those programs and services that are not accessible? (28 CFR 35.150(d) & 49 CFR 27.11)

2. Has the STA also developed a curb ramp installation schedule as part of the transition plan for pedestrian facilities it owns, operates and/or maintains? (28 CFR 35.150(d)(2))

B. Program & Facility Accessibility (Subpart D) Cont’d Yes No ?

3. If so, did the STA provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the transi-tion plan process by submitting comments? (28 CFR 35.150(d)(1) & 49 CFR 27.11)(c)(2))

4. Is the transition plan available for public inspection? (28 CFR 35.150(d)(1) & 49 CFR 27.11)

5. Has the STA modified any policies or practices that do not meet Section 504 according to a schedule or sequence that includes milestones or measures of achievement? (49 CFR 27.11 (c)(2)(iii))

6. Has the STA taken appropriate remedial steps to eliminate the effects of any discrimination that resulted from previous policies and practices? (49 CFR 27.11 (c)(2)(iv)

7. Does the STA have a process to analyze a project, program, service or benefit for determinations of “undue” financial or administrative burdens, or fundamental alteration to the program, service or benefit that comports with the criteria for making such determinations in 28 CFR 35.150 (a)(3) and 28 CFR 35.164?

8. Does the STA build new facilities and alter existing ones (both pedestrian ROW and STA buildings) in accordance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and Appendix A of 49 CFR 37? (28 CFR 35.151 (c) and 49 CFR 27.3 (b))

9. Does the STA have a process and procedure for the installation of accessible features on the pedestrian rights-of-way (curb ramps, accessible pedestrian signals, etc.)?

10. Does the STA provide accessible highway rest areas and pedestrian underpasses, over-passes and ramps that are newly constructed or altered with Federal aid? (49 CFR 27.75)

11. Does the STA have a process for making technical infeasibility determinations for new construction and alterations that comports with the criteria in ADAAG 4.1.1 (5) and 4.1.6(J)?

12. Does the STA have a process to provide access to programs, services and benefits to those with disabilities that comports with 28 CFR 35 150 (b)(1)?

13. Does the STA install curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway, when streets, roads, highways or crosswalks are newly constructed or altered, or when the crosswalk is constructed with Federal aid? (28 CFR 35.151 (e)(1)(2) and 49 CFR 27.75 (a)(2))

14. Is the STA installing detectable warnings in the form of truncated domes in curb ramps when roadways with pedestrian facilities are altered? (ADAAG 4.29 and FHWA policy guidance (May 2002))

C. Communications (Subpart E) Yes No ?

1. Does the STA provide auxiliary aids (sign language interpreters, readers, Braille, large print text) upon request, to STA program participants with disabilities? (28 CFR 35.160 (b)(1) and 49 CFR 27.7(c))

2. Does the STA notify the public and other interested parties that auxiliary aids will be provided, upon request (e.g., via public meeting announcement)? (28 CFR 35.160 (a), 28 CFR 35.163 (a), and 49 CFR 27.7(c))

3. Is the STA website and all of its contents accessible to individuals with hearing or visual impairments? (28 CFR 35.160 (a), 28 CFR 35.163 (a), and 49 CFR 27.7(c))

4. Are STA hotlines and other telephone services (511, traffic information) accessible by TTD/TTY phone services? Can hearing impaired individuals contact the STA via TTD/TTY phone line? (28 CFR 35.161 and 49 CFR 27.7(c))

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Washington State Department of Transportation

Section 504 — Rehabilitation Act of 1973 & The Americans With Disabilities Act of 1990 Plan

POLICY STATEMENT The Washington State Department of Transportation (WSDOT) will ensure that no qualified disabled individual shall, solely on the basis of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of its programs, services, or activities as provided by Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA). WSDOT further ensures that every effort will be made to provide nondiscrimination in all of its programs and activities regardless of the funding source. For the purpose of this policy, a disabled person is defined as any person who:

• Has a physical or mental impairment that substantially limits one or more major life activities, • Has a record of such an impairment, or • Is regarded as having such an impairment.

In the event WSDOT distributes federal funds to other agencies, the department will ensure Section 504/ADA language is written into all agreements and will monitor these agreements for compliance. WSDOT’s Office of Equal Opportunity is responsible for monitoring all Section 504/ADA activities. The Office of Equal Opportunity, Internal Civil Rights Branch has been appointed to coordinate the Section 504/ADA provisions of 49 CFR § 27.13. The Office of Equal Opportuity may be contacted at (360) 705-7095. For the purposes of this policy, the terms “handicapped” and “disabled” will be considered synonymous as will the terms “Section 504” and “ADA.” This policy in no way obviates or affects the department’s responsibilities for compliance with applicable state laws.” Douglas B. McDonald Date Secretary of Transportation

AUTHORITIES

• Section 504 of the Rehabilitation Act of 1973, as amended, provides that, “No otherwise qualified disabled individual in the United States, as defined in section 7(6), shall, solely by reason of his disability, be excluded for the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

• 29 USC 794 (October 29, 1992 amendment to the Rehabilitation Act of 1973) substitutes “a disability”

for “handicaps” and “disability” for “handicap.” • 49 CFR § 27.13 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or

Benefiting from Federal Financial Assistance) states, “This part applies to each recipient of Federal financial assistance from the Department of Transportation and to each program or activity that receives or benefits from such assistance.”

• 49 CFR § 28.102 (Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities

Conducted by the Department of Transportation) states, “This part applies to all programs or activities conducted by the Department of Transportation except for programs and activities conducted outside the United States that do not involve individuals with disabilities in the United States.”

• 28 CFR § 35 (Judicial Administration) states that: “The purpose of this part is to effectuate Subtitle A of

Title II of the ADA which prohibits discrimination on the basis of disabilities by public entities.

ADA/504 APPENDICES

Sample STA ADA/504 Policy Assurances

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• 49 CFR § § 27 (Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting from Federal Financial Assistance) states, “The purpose of this part is to carry out the intent of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) as amended, to the end that no other-wise qualified disabled individual in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

• 49 CFR § 28-140 (Employment) states that, “(a) No qualified individual with disabilities shall, on the ba-

sis of disability, be subjected to discrimination in employment under any program or activity conducted by the Department,” and “(b) The definitions, requirements, and procedures of Section 504 of the Reha-bilitation Act of 1973 (29 USC 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities.”

• 29 CFR § 1613 (Equal Employment Opportunity in the Federal Government) states that: “It is the policy

of the Government of the United States ... to provide equal opportunity in employment for all persona, to prohibit discrimination in employment because of race, color, religion, sex, or national origin and to pro-mote the full realization of equal employment opportunity through a continuing affirmative program in each agency.”

• 42 USC § 12101-12213 (The Americans with Disabilities Act of 1990) states that: “No covered entity

shall discriminate against a qualified individual with a disability because of the disability of such individ-ual in regard to job application procedures, the hiring, advancement, or discharge of employees, em-ployee compensation, job training, and other terms, conditions, and privileges of employment.”

ORGANIZATION

General

• The Secretary of WSDOT is responsible for ensuring implementation of the department’s Section 504/ADA program.

• The Director, Office of Equal Opportunity, on behalf of the Secretary, is responsible for the overall

management of the Section 504/ADA program.

• The Diversity Programs Administrator is responsible for the overall administration of the Section 504/ADA program.

• The Section 504/ADA Coordinator is responsible for the day-to-day operations of the Section 504/

ADA program.

Section 504/ADA Coordinator Responsibilities The Section 504/ADA Coordinator is charged with the responsibility for implementing, monitoring, and ensur-ing WSDOT’s compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabili-ties Act of 1990. Section 504/ADA responsibilities are:

1. Developing the department’s self-evaluation reviewing current policies and practices for implementing Section 504/ADA.

2. Identifying shortcomings in compliance and developing remedies. 3. Evaluating remedial steps taken to eliminate the effects of discrimination. 4. Developing complaint procedures that incorporate appropriate due process standards and providing for

prompt and equitable resolutions of complaints alleging and action prohibited by Section 504/ADA. 5. Processing the disposition of complaints filed under Section 504/ADA. 6. Ensuring WSDOT compliance with Section 504/ADA. 7. Developing the WSDOT’s Section 504/ADA Transition Plan to bring all department facilities into compli-

ance with accessibility standards.

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8. Developing procedures to ensure persons with vision or hearing impairments are provided effective al-ternate means of communication concerning department activities and programs.

9. Developing procedures to provide reasonable accommodations for disabled persons requiring access to department programs or activities.

10. Collecting statistical data of disabled participants in department programs and activities. 11. Conducting annual reviews of Section 504/ADA program areas. 12. Conducting Section 504/ADA training programs for department managers and employees. 13. Preparing a yearly report on Section 504/ADA accomplishments and goals for the upcoming year. 14. Developing Section 504/ADA information for dissemination to the general public. 15. Identifying and eliminating Section 504/ADA discrimination when found to exist.

Section 504/ADA Liaison Responsibilities In addition to the WSDOT Section 504/ADA Coordinator, each Region and the Washington State Ferries shall designate a Section 504/ADA Liaison. This liaison will be responsible for ensuring compliance with Section 504/ADA in their respective program areas. Section 504/ADA Self-Evaluation WSDOT completed its Section 504/ADA Self-Evaluation on February 8, 1993. Additionally, the department provided the Governor’s Affirmative Action Policy Committee with an update of its Self-Evaluation on December 5, 1994. Copies of these reports are available at the Olympia Service Center Office of Equal Opportunity and each Regional headquarters. (Refer to Exhibit 1.) In order to assist in the development of the Self-Evaluation, the department established the ADA/Section 504 Task Force consisting of numerous employees from throughout the state. Membership of the ADA/Section 504 Task Force brought a wide range of disciplines and experiences. Included on the task force were persons with disabilities representing the visually impaired, hearing impaired and mobility impaired. The department also sent a public notice to over 250 organizations, including media resources, soliciting input on how this agency could make its programs and facilities more accessible to persons with disabilities. Upon receipt of approval of the Self-Evaluation, the ADA/Section 504 Task Force was dissolved and all records dispersed throughout the department. Therefore, copies of individual comments and suggestions are not available. Section 504/ADA Transition Plan 49 CFR § 28.150 (d) requires the department to develop a Transition Plan that, as a minimum:

• Identifies physical obstacles in the department’s facilities that limit the accessibility of its programs or activities to individuals with disabilities;

• Describes in detail the methods that will be used to make the facilities accessible; • Specifies the schedule for taking the steps necessary to achieve compliance; • Identifies the official responsible for implementation of the plan.

WSDOT’s Section 504/ADA Task Force hired the Seattle architectural firm of Veninga and Salogga to develop the WSDOT Section 504/ADA Transition Plan. During the initial stages of development, it was decided to develop three separate plans, one each for Region and Area Facilities, Rest Areas, and Washington State Fer-ries. Copies of these plans are available at the Olympia Service Center Office of Equal Opportunity and at each Regional headquarters. (Refer to Exhibits 2 and 3.)

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The plan was developed on an agency-wide basis looking at four areas of descending importance. To gain access, persons with disabilities must first be able to get into a particular building. Therefore, exterior accessi-bility was given top priority (Division One). The next level of importance concerns barriers persons with disabilities encounter once they have gained access to a building. Therefore, accessibility within the facility to and between all public services and meeting areas was given second priority (Division Two). Other amenities, such as toilets and drinking fountains that are provided to the public within a building but are not essential to the programs or services offered were deemed to be of a lesser priority than those listed above. However, they must still be brought into compliance because they are indirectly related to the services sought by the public. Therefore, they were given the third priority (Division Three). The final priority (Division Four) deals with employee accessibility and falls under Title I of the ADA. The depart-ment has the leeway in this area to accomplish the recommendations on an as needed basis. Therefore, Target Dates for compliance have not been set. Due to delays in obtaining plan approval and partial funding, all Target Dates have been adjusted by one year (i.e. 6/30/95 should be 6/30/96). Additionally, Target Dates have been set based on projected funding under the state’s biennial budgeting process. This has caused some target dates to be shown as 7/1/95 to 6/30/97. It is expected that all projects will be completed by 6/30/97. However, based on state accounting and fund distribu-tion procedures, it is impossible to determine exact time frames during a biennium for completion of an individ-ual project. In addition, the department has procedures established for ensuring plans for all facilities designed and con-structed with federal financial assistance meet both federal and state accessibility standards. These include plans for both new facilities (curb cuts, rest areas, pedestrian overpasses, underpasses, ramps, etc.) and for existing facilities (rest areas, etc.). COMPLAINT PROCEDURES The Washington State Department of Transportation has developed the following complaint proce-dures:

• Nondiscriminatory Complaint Procedures (Exhibit 4) • Title VII Discrimination Complaint Procedures (Exhibit 5) The Nondiscriminatory Complaint Pro-

cedures are used to provide guidelines for the filing and processing of discrimination complaints filed against any program or activity administered by WSDOT as to subrecipients and consult-ants pursuant to Section 504 of the Rehabilitation Act of 1973 and the ADA.

The Title VII Discrimination Complaint Procedures are used to provide guidelines for the filing and processing of discrimination complaints filed by any department employee who believes they have been discriminated against on the basis of national origin, race, color, religion, age, gender, marital status, sexual orientation, status as a disabled or Vietnam-era Veteran, or disability. These procedures will also be used to investigate alleged viola-tions of Section 504 of the Rehabilitation Act of 1973 or Title I of the ADA filed by WSDOT employees. Any individual, group of individuals, or entity that believes they have been subjected to discrimination prohibited by nondiscrimination requirements may file a complaint by contacting the Diversity Programs Administrator, Of-fice of Equal Opportunity, at (360) 705-7095. Written complaints may be sent to Washington State Department of Transportation, Transportation Building, 310 Maple Park Avenue SE, Olympia, Washington 98504-7300.

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REASONABLE ACCOMMODATION PROCEDURES WSDOT is committed to providing reasonable accommodation for persons with disabilities as each situa-tion may require. To that end, Reasonable Accommodation Procedures have been developed and pub-lished as Chapter 4 of the WSDOT Equal Opportunity Desk Manual. These procedures are used to pro-vide reasonable accommodations required by either the Americans with Disabilities Act of 1990 or Sec-tion 504 of the Rehabilitation Act of 1973. (Refer to Exhibit 6.) ASSURANCES Pursuant to the requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794), the Washington State Department of Transportation, desiring to avail itself of federal financial assistance from the US Depart-ment of Transportation, hereby gives assurance that no qualified disabled person shall, solely by reason of his disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to dis-crimination, including discrimination in employment, under any program or activity that receives or benefits from this federal financial assistance. The Washington State Department of Transportation further assures that its programs will be conducted, and its facilities operated, in compliance with all the requirements imposed by or pursuant to 49 CFR Part 27, 28 CFR § 35 and 42 USC § 12101-12213.

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APPENDIX D: Sample STA ADA/504 Notice of Nondiscrimination

The Title II Action Guide, developed by Adaptive Environments, Inc. and the Compliance with the Americans with Disabilities Act: A Self-Evaluation Guide for Public Elementary and Secondary Schools (United States Department of Education – Office for Civil Rights) has developed this sample Notice of Nondiscrimination:

[NAME OF ORGANIZATION] does not discriminate on the basis of disability in admission to its programs, services, or activities, in access to them, in treatment of individuals with disabilities, or in any aspect of their operations. The [organization] also does not discriminate on the basis of disability in its hiring or employment practices. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. Questions, complaints, or requests for additional information regarding the ADA and Section 504 may be forwarded to the designated ADA and Section 504 compliance coordinator: Name and Title: Phone Number (Voice/TDD): Office Address: Days/Hours Available: This notice is available from the ADA and Section 504 compliance coordinator in large print, on audio tape, and in Braille. (If additional alternative formats are available, such as computer bulletin boards, organizations may state that this notice is available in the additional alternative formats.)

Besides providing general notifications, it is important to notify interested persons with the processes implemented to ensure nondiscrimination as it applies to the specific services, programs, or activities of the public entity. This requires first identifying the program and business areas where the organization interacts with applicants, participants, and beneficiaries. For example, a STA employs job applicants, maintains rest areas, solicits participants for public meetings, and notifies the public about right-of-way acquisitions and bidding opportunities for highway construction projects. Therefore, it is important to provide notifications as they apply to each service: recruitment, rest area information, newspaper advertisements, the acquisition process and publications. Specifically, a public meeting notification would also include information on how to obtain the written materials in alternative formats or other reasonable accommodations for that particular meeting. Different approaches are particularly suited to different segments of the public. Below are ways in which this information can be provided on a regular basis to specific target audiences.

ADA/504 APPENDICES

Sample STA ADA/504 Notice of Nondiscrimination

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ADA/504 APPENDICES

Sample Reasonable Accommodations Request

Metropolitan Government of Nashville and Davidson County “Statement of Technical Infeasibility”

Provisions of the Americans with Disability Act Accessibility Guidelines (ADAAG) ADAAG contains a provision relating to “technical infeasibility”, applicable only in alterations. This exception does not apply to new construction. The provision is as follows: Technical Infeasibility means, with respect to an alteration of an existing building or a facility, that it has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member which is an essential part of the structural frame; or because other existing physical or site constraints prohibit modification or addition of elements, spaces, or features which are in full and strict compli-ance with the minimum requirements for new construction and which are necessary to provide accessibility. Exception: In alteration work, if compliance with the ADA is technically infeasible, the alteration shall provide accessibility to the maximum extent feasible. Any elements or features of the building or facility that are being altered and can be made accessible shall be made accessible within the scope of the alteration.

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ADA/504 APPENDICES

Sample Technical Infeasibility Statement

“TECHNICAL INFEASIBILITY” STATEMENT Relating to a project under review

Project Name: Project Number:

The following item in the planned alteration project is not in full compliance with the respective ADA guidelines as noted in the review by the ADA Compliance Division of the Metropolitan Government of Nashville and Davidson County. As Determined by the Department overseeing the project and/or the project Architect or Engineer, this item does provide a level of accessibility to the maximum extent feasible in compliance with the above exception. Reference to Document Review Dated: Item Number: Explanation of why item is “Technically Infeasible” (attach additional sheets as necessary): Steps taken to ensure that the project was constructed to the maximum extent feasible? I/We acknowledge that responsibility for determining “technical infeasibility” rests with the Department over-seeing the project and/or the Architect or Engineer. Department Name (print) and title Signature Date ___________________________ Architect / Engineer (print name) License Number Signature Date

DEPARTMENT OF TRANSPORTATION SELF-EVALUATION OF PROGRAMS AND SERVICES

TABLE OF CONTENTS

1. INTRODUCTION 1.1.Purpose of the Self-Evaluation

1.2.Non-Discrimination Statement 1.3.Designation of ADA Coordinator(s)

2. SELF-EVALUATION PROCESS WITHIN THE DEPARTMENT 2.1.Key Activities

2.2.Involvement of People with Disabilities 3. PROGRAMS AND SERVICES 4. FINDINGS OF THE SELF-EVALUATION PROCESS FOR PROGRAMS AND SERVICES 4.1.equal Opportunity to Participate and Benefit

4.2.Reasonable Program Modifications 4.3.Surcharges and Additional Requirements 4.4.Integrated Settings and Separate Programs 4.5.Contracting with External Organizations 4.6.Procurement Contracts 4.7.Licensing and Certification

5. COMMUNICATION ACCESS 5.1.Auxiliary Aids and Services

5.2.TDD Communications 5.3.Emergency Warning Systems 5.4.Access Information

6. FACILITIES ASSESSMENT 6.1.List of Locations Where Programs are Provided

6.2.Summary of Inaccessible Features 6.3.Program Access Options

ATTACHMENTS A. Grievance Procedures B. Public Notice C. Employment Practices D. How to Make Meetings Accessible E. Sample Contracts, Questionnaire and Proposal F. Existing and Proposed Curb Ramp Design G. Emergency Telephones H. Public Comment

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ADA/504 APPENDICES

Sample STA ADA/504 Self Evaluation

STATE OF HAWAII DEPARTMENT OF TRANSPORTATION

SELF-EVALUATION OF PROGRAMS AND SERVICES

1. INTRODUCTION This Self-Evaluation has been developed to satisfy the requirement that the State Department of Transportation complies with Title II of the ADA. CFR 35.105 requires the State Department of Transportation to conduct a Self-Evaluation of its Programs, Policies and Procedures, offered to the public, to ensure that those programs, policies and procedures are accessible to persons with disabilities. This Self-Evaluation has been developed in accordance with 28 CFR section 35.105 (a) that states: • That the public entity identify any policies and practices that do not comply with the Title II requirements;

and, Modify policies and practices to bring them into compliance.

The information contained in this Self-Evaluation has been obtained through dissemination of worksheets to each department program requesting they identify those programs offering goods and services to the public. The worksheets request information relating to policies and practices of the various programs offered by each of the State Department of Transportation Divisions - Highways, Airports and Harbors. The regulations also require that the Department of Transportation provide an opportunity for people with dis-abilities and other interested individuals or organizations to review and comment on this Self-Evaluation and en-courages involvement of people with disabilities to actively participate in the planning process. Previous to this Self-Evaluation, all the buildings and facilities under the jurisdiction of the State Department of Transportation were surveyed and those elements representing architectural barriers to persons with disabilities were identified and documented in written reports. These surveys were conducted to provide the necessary in-formation for promulgating a comprehensive Transition Plan addressed in CFR 35.150 (d). The Transition Plan, at a minimum, must include the following information:

• Identify physical obstacles that limit the accessibility of the public entity’s programs, services, or activities to people with disabilities,

• Describe the methods to be used to make the facilities accessible, • Provide a schedule for making the access modifications; provided a yearly schedule for making

modifications if the Transition Plan is more than one year long and, • Indicate the public official responsible for implementation of the Transition Plan.

The information in the barrier identification surveys, cost analysis and this Self-Evaluation, will be used to pro-duce a comprehensive Transition Plan and to determine those programmatic or architectural changes necessary to provide access to persons with disabilities.

1.1. Purpose of the Self-Evaluation (§35.105) This Self-Evaluation is a comprehensive review of the State of Hawaii's Department of Transportation's current policies and practices, including communications and employment, for compliance with the appli-cable provisions of Title II of the Americans with Disabilities Act of 1990 (public law 101-336) and 28 CFR 35.105. This Self-Evaluation identifies all policies and practices that do not comply with the ADA, Title II require-ments and outlines those areas where modification to those policies and practices, to bring them into compliance with the non-discrimination requirements of the ADA, have been provided. The outline of this Self-Evaluation is that which is recommended by the Title II Action Guide.

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1.2. Non-Discrimination Statement The State Department of Transportation has adopted the following non-discrimination policy. State of Hawaii - Department of Transportation for Complaints of Discrimination In access to Services Programs and Facilities for persons with disabilities It is the policy of the State of Hawaii, Department of Transportation, to provide equal opportunity to participate and benefit for qualified persons with disabilities, to the services, programs and facilities of the Department of Transportation. Furthermore it is the policy of the Department of Transportation to encourage the informal resolution of complaints or grievances based on alleged disability discrimination. All attempts shall be made to resolve such matters through informal means at any stage of the process. A Grievance Procedure has been established to meet the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, and Title II of the Americans with Disabilities Act of 1990. These procedures and accompanying complaint form should be used by individuals wishing to file a complaint alleging discrimination by the State Department of Transportation on the basis of disability, regarding access to the services, activities, programs and facilities of this Department. 1.3. Designation of ADA Coordinator(s) The following personnel have been designated as he ADA Coordinators for their respective Department and Divisions: Dept. of Transportation ADA Coordinator Michael K. Medeiros, P.E. 869 Punchbowl Street Honolulu, Hawaii 96813 Phone: 587-758 [Voice] 587- 2210 [TTY] Fax: 587-6306 Airports Division Liaison

Mary Kitsu DBE Program Manager 400 Rodgers Blvd, Suit 700 Honolulu, Hawaii 96819 Phone: 838-8708 - Fax: 838-8753 Harbors Division Liaison Warren Sugimoto Administrative Staff Officer 79 S. Nimitz Highway Honolulu, Hawaii 96813 Phone: 537-1933 - Fax: 537-1984 Highways

Employment Practices & Personnel Jeanne Witmire

Phone: 587-2229 - Fax: 587-2219

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Airports Employment Practices & Personnel Roscoe Butler Phone: 8388614 - Fax: 838-8750Harbors Employment Practices & Personnel Jo-Ann Tokunaga Phone: 587-1935 - Fax: 587-1984Administration Employment Practices & Personnel Lori Takao Phone: 587-2144 - Fax: 587-3189

2. Self-Evaluation Process within the Department 2.1 Key Activities A. Initial Survey

1) Survey sections followed the recommended format by the ADA Title II Action Guide. 2) DOT designated lead staff associated with department units responded to the surveys 3) The written responses focused on responsibilities and general functions of the various units. 4) Consultant recommendations responded directly to the written responses, identifying general

requirements for activities interacting with the public

B. Second Phase Inquiry

1) DOT lead staff to review initial consultant recommendations; purpose to clarify applicability of recommendations and identify specific areas for consultant interviews.

2) Consultant interviews with lead staff to focus on detailed protocols or activities, a step-by-step

analysis of the unit’s interaction with the public; discussions included inquiry of staff’s opinion for alternative procedures

3) Detailed action steps were recommended by consultant and reviewed with lead staff.

C. Final Draft Phase

1) Department reviewed the final findings and action steps for the transition plan. 2) Department approves recommendations 3) Document is published for public comment 4) Document is revised based on public comments and DOT’s approval 5) Internal Department process takes place for incorporation of documents

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2.1. Involvement of People with Disabilities The Department of Transportation contracted with Accessibility Planning & Consulting, Inc. (AP&C) an accessibility consulting firm whose staff includes persons with disabilities. AP&C inc. also works closely with individuals and organizations representing persons with disabilities. The following organizations, businesses and individuals participated in, and commented on, this Evaluation: Hawaii Centers for Independent Living (non-profit organization) Equal Access (private corporation) Mr. Mark Yabui (private consumer), and The Commission on Person with Disabilities (state agency)

3. PROGRAMS AND SERVICES The Following programs and services have been addressed in this Self-Evaluation. For a complete breakdown of the nature of the programs and services, the official responsible for the planning, preparation and coordination of services, see the worksheets located in the appendix of this outline. ADMINISTRATION OFFICE OF THE DIRECTOR - Coordinator: Kazu Hayashida Phone #587-2150 Under the general direction of the Governor of the State of Hawaii, plans, directs and coordinates the various activities of the Department of Transportation within State laws and established policies and regulations. Directs the preparation and maintenance of statewide transportation plans and the development of department wide transportation planning policies and procedures, transportation system plans and procedures, short and long range capital improvement plans and other planning activities required in support of the departmental mission. Through the Deputy directors, directs performance of department-wide staff support services. Sections: Deputy of Staff Services, Second Deputy, and Administrative Assistants. OFFICE OF PUBLIC AFFAIRS - Coordinator: Marilyn Kali Phone #587-2160 Provides services necessary to implement the Department’s program of public information and public relations; including media relations, reference and informational services, public and community relations, intra-departmental communications, and transportation demand management services. Sections: Media Relations, Reference and Informational Services, Public and Community Relations, Transporta-tion Demand Management Staff. HAZARDOUS MATERIALS OFFICE - Coordinator: Chris Takeno Phone #587-2164 Responsible for the development, administration, interpretation and enforcement of hazardous materials regulations for the Department. Advises the Director and respective Deputies on all maters relating to hazard-ous materials. Develops regulations and procedures covering the landing and movement of hazardous materi-als through the areas under the control of the Airports, Harbors and Highways Divisions. Periodically inspects/monitors all State transportation facilities and highways to ensure regulations are enforced or to modify any existing ones. PERSONNEL OFFICE - Coordinator: Pat Odan Phone #587-2145 In accordance with the policy guidance of the Director, the personnel office plans, develops and provides depart-mental-wide functional direction to the comprehensive personnel management program for the Department. Sections: Labor Relations, Position Classification, Employee Relations-Training and Safety, EEO, Recruitment Services. BUSINESS MANAGEMENT OFFICE - Coordinator: Bert Nishimura Phone #587-2133 Provides departmental staff services to the Director, departmental staff, division and other governmental agen-cies as applicable in internal (audit) control, fiscal management and accounting services, and office services. Sections: Financial Accounting, Internal Audit, Office Services, Systems Accounting.

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CONTRACTS OFFICE - Coordinator: Jamie Ho Phone #587-2130 Provides departmental staff services to the Director, departmental staff, divisions and other governmental agen-cies as applicable in contract administration. The office serves as the principle departmental resource on con-tracting practices and State laws, rules, and regulations relating to contracting; establishes procedures with ap-plicable State and DOT policies and guidelines for calling for tenders, processing bids, and determining awards; and reviews and approves contracts for conformance to departmental and State language and for format stan-dards. PPB MANAGEMENT & ANALYTICAL OFFICE - Coordinator: LaVerne Hokama Phone #587-2211 Administers the Department’s planning, programming and budgeting (PPB) and program reporting activities as mandated by the Executive Budget Act. Provides principal staff support to the Deputy of Staff Services and the Director in carrying out the implementation of the established budget process. The office also provides internal management assistance through the evaluation of the Department’s organization and management methods and procedures and provides definitive recommendations for improvement. Coordinates the implementation of the department’s capital improvement project programs, as well as serving as the legislative liaison for the De-partment. Sections: Project Management & Program Evaluation, Budget Control & Execution, Methods & Procedures. COMPUTER SYSTEMS AND SERVICES OFFICE - Coordinator: Larry Okimoto Phone #587-2369 The Computer Systems & Services Office (CSS) is responsible for providing full Automated Data Processing (ADP) services by coordinating the activities of research, development, implementation and maintenance of all ADP systems; user training; data entry and control; and full machine processing via CSS stand alone computer or Remote Job Entry (RJE) to the host system at the Electronic Data Processing Division (EDPD); and related ADP equipment procurement for the Department. This office provides departmental staff services to the Direc-tor, Departmental Staff and divisions in the areas of information data management, telecommunications, network administration and computer operation service work areas. Sections: Information Resource Management, Communication & Network Administration, Computer Operations. PROPERTY MANAGEMENT OFFICE - Coordinator: Peter Garcia Phone #587-2165 Within established policies, the Property Management Office provides central departmental services in the man-agement of real properties and facilities under the control of the Department. VISITOR INFORMATION PROGRAM - Coordinator: Richard Okada Phone #836-6474 Directs, coordinates and administers the State’s Visitor Information Program by providing visitor satisfaction and hospitality at the Department’s installations; including the conducting of protocol as may be directed. Sections: Administrative Services, Office Services, Oahu Staff, Hawaii Staff, Maui Staff, and Kauai Staff. STATEWIDE TRANSPORTATION PLANNING OFFICE - Coordinator: Julia Tsumoto Phone #587-1845 The Statewide Transportation Planning (STP) Office is a departmental staff office that is responsible for estab-lishing a comprehensive, multi-modal statewide transportation plan; and, for providing technical assistance to the counties in fulfilling their component roles in the process. The STP Office coordinates intergovernmental and intra- and inter-departmental activities as they relate to transportation planning. This includes securing the nec-essary endorsements and approvals, integrating established plans and parameters, and establishing the ground-work for the implementation of the transportation plan. Sections: Plans Development, Forecasting, Land Use Coordination, and Programming. AIRPORTS DIVISION - Coordinator: Jerry Matsuda Phone #838-8600 Encourages, fosters and assists in the development of aeronautics in the State of Hawaii. Plans, designs, con-struct, maintain and operate public airports. Provides airport facilities that accommodate the safe, orderly and efficient movement of aircraft, vehicles and air travelers. STAFF SERVICES OFFICE - Coordinator: Jean Oshita Phone #838-8607 Advises the Airports Administrator and other on administrative issues. Provides coordination and liaison ser-vices for legislative matters. Provides administrative support, services and guidance through its Personnel Man-agement, Budget, Property Management & Land Acquisition, Methods, Standards & Evaluation, and Financial

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Management staffs. Sections: Personnel Management, Budget, Property Management & Land Acquisition, Methods, Standards & Evaluation, and Financial Management. AIRPORTS OPERATIONS OFFICE - Coordinator: Vacant Phone #838-8708 Serves as the primary staff of the Airports Administrator on matters relating to the operations and maintenance of airports. Provides operational staff support, services and guidance through its Aircraft Rescue & Fire-fighting, General Aviation Certification Security & Safety, and DBE functions. This branch provides advice on compliance with applicable laws, rules, regulations and standards. Acts as the divisional coordinator for overall compliance with the Americans with Disabilities Act (ADA). Sections: Aircraft Rescue & Fire-fighting, General Aviation Certification Security & Safety, DBE, Airport Manage-ment Information Systems, Aviation Development. ENGINEERING BRANCH - Coordinator: Ernest Kurosawa Phone #838-8833 Advises the Airport Administrator and others on engineering matters. Supervises the planning, design, con-struction, inspection and maintenance of facilities for the State Airports System. Provides support to the DBE staff on matters relating to engineering. Sections: Project Coordination & Control Staff and Planning, Design, Construction, Special Maintenance, Draft-ing. AIRPORTS-OAHU DISTRICT - Coordinator: Standford Miyamoto Phone #836-6533 Manages, operates and maintains the Honolulu International Airport and all other State airports on the island of Oahu in conformance with State and Federal laws, requirements, and rules as well as established policies and procedures of the Department and those of the Airports Division. Provides operational, administrative, mainte-nance and supply services adequate to carry out all business activities generated at Oahu district airports. Sections: Office Services, Airport Administrative Services, Management Relief Services, Honolulu International Airport, and Dillingham Airfield. AIRPORTS- MAUI DISTRICT - Coordinator: Jon Sakamoto Phone #872-3830 Manages, operates and maintains all State airports in the district in conformance with State and Federal laws, requirements, and rules as well as established policies and procedures of the Department and those of the Air-ports Division. Provides operational, administrative, maintenance and supply services adequate to carry out all business activities generated at Maui district airports. Sections: Office Services, Engineering Services, Kahului Airport, Kapalua Airport, Kalaupapa Airport, Molokai Airport, Lanai Airport, Hana Airport. AIRPORTS- HAWAII DISTRICT - Coordinator: Frank Kamahele Phone #329-2484 Manages, operates and maintains all State airports in the district in conformance with State and Federal laws, requirements, and rules as well as established policies and procedures of the Department and those of the Air-ports Division. Provides operational, administrative, maintenance and supply services adequate to carry out all business activities generated at Hawaii district airports. Sections: Office Services, Security Services, Engineering Services, Keahole-Kona Airport, Hilo International Air-port, Waimea-Kohala Airport, and Upolu Airport. AIRPORTS- KAUAI DISTRICT - Coordinator: Stan Sekimoto Phone #246-1600 Manages, operates and maintains all State airports in the district in conformance with State and Federal laws, requirements, and rules as well as established policies and procedures of the Department and those of the Air-ports Division. Provides operational, administrative, maintenance and supply services adequate to carry out all business activities generated at Kauai district airports. Sections: Office Services, Security Services, Engineering Services, Port Allen Airport, and Lihue Airport. HIGHWAYS DIVISION - Coordinator: Perry Manthos Phone #587-2220 Plans, designs and supervises the construction and maintenance of the State Highway System.

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LANDSCAPE SERVICES OFFICE - Coordinator: Vacant Phone #587-2189 Develops landscape master plan for the State Highway System; plans and develops land areas for optimum landscape management in consonance with multiple-use concepts. MANAGEMENT INFORMATION SYSTEMS OFFICE - Coordinator: Kam Kin Sin Phone #587-2232 Plans, organizes, coordinates and directs the development, implementation, operation and maintenance of com-puter-based information systems, including the Highway Financial Accounting System, Highway Maintenance Management System, Computer-Aided Drafting and Design System, and federally mandated planning and sta-tistical systems. STAFF SERVICES OFFICE - Coordinator: Gerald Dang Phone #587-2218 Develops and maintains program planning and control systems; provides coordination and liaison services for federal-aid and legislative matters; coordinates, reviews, and prepares the Highways Division budget; provides project management, management, fiscal, personnel and clerical support services; provides public information services; coordinates computer and data processing services. Sections: Methods Standards & Evaluation, Personnel, Project Management, Steno, Budget, Fiscal. MOTOR VEHICLE SAFETY OFFICE - Coordinator: Larry Hao Phone #832-5830 Directs, coordinates and administers the State’s motor carrier safety programs and highway safety programs, activities and research to meet the requirements of the State and Federal Highway Safety Program standards and regulations Sections: Statistical Services, Clerical, Motor Carrier Safety, Highway Safety. PLANNING BRANCH - Coordinator: Ron Tsuzuki Phone #587-1787 Develops conceptual highway project plans and coordinates route adoption through advance planning procedures in conformance with long-range planning programs and needs inventory. Directs the divisional portion of the urban and rural transportation planning processes and other planning efforts by state and county agencies; coordinates the review of land use change proposals; manages the Highway Planning and Research Program; formulates and coordinates the establishment and/or revision of the State and Federal-aid Transportation Systems; coordinates transit matters related to land transportation. Sections: Office Services, Advance Planning, Highway Planning Survey, mapping and Drafting, Systems Planning. DESIGN BRANCH - Coordinator: Larry Leopardi Phone #587-2241 Prepares construction plans, specifications and estimates for highway projects; conducts location and right-of-way surveys including preparation of engineering and subdivision maps; negotiates project agreements with governmental agencies and public private utilities. Provides technical service to other branches and District Offices. Sections: Technical Design, Highway Design, Bridge Design, Hydraulic Design, Cadastral Engineering. RIGHTS-OF-WAY - Coordinator: Tom Toyama Phone #587-2019 Acquires and manages lands, rights-of-ways, easements and other real property interests required for the con-struction of highways and for the other transportation projects on a statewide basis. Sections: Land Acquisition, Abstracting, Appraisal, and Property Management MATERIALS TESTING AND RESEARCH BRANCH - Coordinator: Gary Choy Phone #832-3403 Manages all testing, quality assurance, research and development, soil engineering and pavement design, and special engineering studies; provides technical and consultative services relating to materials, foundation, pave-ments and environmental quality; tests, accepts, certifies all test equipment and materials incorporated into all transportation facilities and related developments; conducts soil engineering studies based on field borings, laboratory tests and engineering analyses for the evaluation and design of pavements, structure foundations and soil stability; manages applied engineering research and development programs; conducts technical services inspections and testing functions in all aspects of transportation systems, construction, maintenance and related fields; participates in activities of national organizations engaged in research and development.

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Sections: Office Services, Compliance Testing, Soil Engineering & Pavement Design, Materials Quality Assur-ance CONSTRUCTION AND MAINTENANCE BRANCH - Coordinator: Sterling Morikawa Phone #587-2185 Provides review and management services on statewide highway construction and maintenance programs; re-views and consolidates district construction and maintenance budgets. Provides services for the review of main-tenance procedures, practices, procurement of supplies and equipment and budgeting; prepares specifications for the purchase of materials. Analyzes unit costs by work items, estimate requirements of personnel, material and equipment budgets submitted by district engineers. Administers the divisions Affirmative Action Plan, EEO, ADA, DBE and Civil Rights programs in conjunction with Federal-aid program guidelines. Section: Construction, Highway Equal Opportunity, Maintenance, Equipment and Safety, Permit Construction. TRAFFIC BRANCH - Coordinator: Paul Hamamoto Phone #587-2172 Plans and designs roadway pavement markings and signs, traffic signals, highway lighting, and operational and safety improvements to promote the safe, orderly and expeditious movement of traffic on the State Highway System; administers consultant contracts for traffic projects; manages the Traffic Systems Management, Traffic Accident Surveillance, and Traffic Safety Improvement Programs; analyzes and monitors operating characteris-tics, accident records, and statistical reports; provides new and innovative alternatives for problem resolution. Sections: Office Services, Design Services, Operation Section, and Traffic Safety HIGHWAYS-OAHU DISTRICT - Coordinator: Martin Obatake Phone # 831-6703 Performs field inspections of highway construction projects in conformance with approved plans and specifica-tions; maintains, alters, and repairs roads, highways and related structures within the State Highway System on Oahu. Sections: Office Services, Construction, Maintenance, and Tunnel Operations HIGHWAYS- KAUAI DISTRICT - Coordinator: Steve Kyono Phone #274-3111 Performs for the island of Kauai 1) engineering services and field inspections of highway construction projects in conformance with approved plans and specifications; and 2) maintains, alters, and repairs roads, highways and related structures within the State Highway System on Kauai. Sections: Office Services, Engineering, and Maintenance. HIGHWAYS- MAUI DISTRICT - Coordinator: Bob Siarot Phone #877-5061 Performs for the island of Maui 1) engineering services and field inspections of highway construction projects in conformance with approved plans and specifications; and 2) maintains, alters, and repairs roads, highways and related structures within the State Highway System on Maui. Sections: Office Services, Engineering, and Maintenance. HIGHWAYS-HAWAII DISTRICT - Coordinator: Stanley Tamura Phone #933-8866 Performs for the island of Hawaii 1) engineering services and field inspections of highway construction projects in conformance with approved plans and specifications; and 2) maintains, alters, and repairs roads, highways and related structures within the State Highway System on Hawaii. Sections: Office Services, Engineering, and Maintenance. HARBORS DIVISION - Coordinator: Tom Fujikawa Phone #587-1927 Directs, coordinates, and maintains the operations of the Harbors program of the State by providing for, equip-ping and regulating the State system of harbors and related facilities; plans, designs, develops, acquires and constructs new and expanded harbors and facilities as well as maintaining and reconstructing existing harbors and facilities; encourages, fosters and assists in the development of water transportation in the State. STAFF SERVICES OFFICE - Coordinator: Warren Sugimoto Phone #587-1933 Advises the Harbors Administrator and furnishes functional guidance to the heads of the organization components of the Division by advising and assisting in the development, maintenance and improvement of plans of management embracing organization structure and methods, personnel, fiscal and property

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management; develops, implements and maintains program planning and management control systems; monitors programs and control system to insure their continued progress and effectiveness; provides coordi-nated and liaison services for legislative and administrative matters; reviews and consolidates divisional budget; provides fiscal, personnel, property management and clerical support services. Sections: Office Services, Personnel Management, Financial Management, Property Management, Methods Standards & Evaluation, Harbors Management Information Systems. ENGINEERING BRANCH - Coordinator: Fred Nunes Phone #587-1862 The Engineering Branch is responsible for the planning, design, construction, and maintenance of facilities for the State commercial harbors system. Sections: Systems, Planning, Design, Construction, and Maintenance. HARBORS- OAHU DISTRICT - Coordinator: Barry Kim Phone #587-2100 Provides for the execution of commercial harbor programs as directed by the Harbors Administrator. Plans, di-rects, controls and coordinates the activities of District personnel in the functions of management, operations, and maintenance of harbors and related facilities in the District. Sections: Clerical Support, Business Services, Operations Section, and Maintenance Section. HARBORS-MAUI DISTRICT - Coordinator: Scott Cunningham Phone #871-7816 Manages the commercial harbors and facilities on the Islands of Maui, Molokai, and Lanai. Provides for the exe-cution of Harbors programs as directed by the Harbors Administrator; plans, directs and coordinates the activi-ties of District personnel in the functions of management, operations, and maintenance of harbors and related facilities in the District. Sections: Office Services, Pier Utilization, Maintenance, and Kaunakakai Harbor HARBORS- KAUAI DISTRICT - Coordinator: Bob Crowell Phone #245-6996 Manages the commercial harbors and facilities on the Island of Kauai. Provides for the execution of Harbors programs as directed by the Harbors Administrator; plans, directs and coordinates the activities of District per-sonnel in the functions of management, operations, and maintenance of harbors and related facilities in the District. Sections: Office Services, Pier Utilization, Maintenance, and Port Allen Harbor 4. FINDINGS OF THE SELF-EVALUATION PROCESS FOR PROGRAMS AND SERVICES

4.1. Equal Opportunity to Participate and Benefit Denial of Access to Programs and Services ADA Section Title II Regulations Subpart B - General Requirements §35.130 (b) (1) A public entity, in providing any aid, benefit, or service, may not, directly or through

contractual, licensing, or other arrangements, on the basis of disability.

(i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others; (iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is neces-sary to provide qualified

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individuals with disabilities with aids, benefits, or services that are as effective as those pro-vided to others; (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity's program; (vi) deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privi-lege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.

4.2. Reasonable Program Modifications

1) Upon completion of the site surveys and after reviewing the worksheets provided to each department, there were no accounts of persons with disabilities being denied access to those

programs and services available to the public. a) In order to eliminate the potential of such occurrences, the State Department of Transportation must develop or contract for in-house staff training on their responsibilities and

requirements of the ADA to provide their services in the most accessible fashion. 2) The design standards presently used by the Department of Transportation comply with the existing applicable provisions of the ADA. While public ways and streets are not considered

as a "site", as that term is defined in the ADA Design Guidelines, the Department has taken it upon themselves to incorporate the majority of the design guidelines, as they pertain to curb ramps and accessible routes, to the maximum extent possible.

a) The Department of Transportation standards for design and construction meet or exceed

those outlined in the applicable sections of the ADAAG. 4.3. Surcharges and Additional Requirements There were no situations where the Department places surcharges on person with disabilities for aid, benefits or services provided by the Department. 4.4. Integrated Settings and Separate Programs Vanpool Hawaii; Policy on compliance with the American with Disabilities Act (ADA). As a service pro-vider under contract to the Department of Transportation, Vanpool Hawaii understands it has a “stand in the shoes” of the DOT obligation in complying with the ADA. As such Vanpool Hawaii shall follow the compliance goals as presented in the Governor’s Administrative Directive No. 97-03 in its entirety. This directive reads in part: The State of Hawaii (Vanpool Hawaii) shall ensure that no qualified individual with a disability is excluded from participation in, denied the benefits of, or is otherwise subjected to discrimination by any program, service, or activity of the State of Hawaii ( Vanpool), on the basis of disability. Individuals with disabilities must be assured an equal opportunity to participate in the programs, services, and activities offered by State government departments and agencies (Vanpool Hawaii). This right includes not only the opportunity to participate, but an opportunity that is equally effective as that provided to individuals without disabilities.

Procedures to be followed when responding to a request from a disabled customer.

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I.GENERAL To insure effective communication Vanpool staff shall be trained in the proper use of telephone relay services. II.REQUEST TO BE A DRIVER All customers who request to be drivers, whether disabled or not, shall be notified that they might have to operate a modified vehicle. Staff shall inform customer of requirements to be a Vanpool driver, i.e. age requirement, satisfactory driver abstract requirement, and all other requirements. Staff should inquire if the customer requires any modifications to operate the van, e.g. hand controls, transfer capability, lift requirements, or other requirements. If a modified vehicle is requested staff shall check inventory for availability, if no modified vans are available, staff will proceed with confirming the delivery date for Vanpool to receive a modified van. If the disabled customer meets all the requirements to be a Vanpool driver, and no modified van is available, staff shall proceed with ordering a modified van. Once the delivery date for the van is confirmed, staff shall notify customer of the delivery date. If the time to provide a customer a modified van exceeds two weeks, staff shall keep customer advised, a minimum of once per week, about the status of delivery In no event, shall the delivery of modified van, to an otherwise qualified driver, exceed thirty days. Staff shall log into the data base, the date the request for a modified van was made by the customer, and the date the van was provided to the customer. III. REQUEST TO BE A RIDER Staff shall inquire if the customer requires modifications to the vehicle, e.g. wheelchair user, type of wheelchair, lift and transfer requirements, or other requirements. Staff shall check inventory for availability of modified van. If no modified van is available staff will proceed with arranging for a modified van to be delivered. Staff, using the Vanpool database, will log the required van alterations, the date of the initial request from the customer for services, and the date the services were provided. If the time to provide a customer a modified van exceeds two weeks, staff shall keep customer advised, a minimum of once per week, about the status of delivery. In no event shall the delivery of modified van, for an otherwise qualified customer, exceed thirty days.

4.5.Contracting with External Organizations The contracting office has provided a sampling of their standard contract language (attached). There was not evidence of discriminatory language found. Service Providers under Contract to the DOT 1. Van Pool Hawaii See Attachment 'E'

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4.6. Procurement Contracts The contracting office has provided a sampling of their standard contract language (attached). There was not evidence of discriminatory language found. See Attachment 'E' 4.7. Licensing and Certification The contracting office has provided a sampling of their standard language (attached). There was not evidence of discriminatory language found. See Attachment 'E' Documents issued by Motor Safety Vehicle Office ( MVSO) 1. Heavy Vehicle Tax Clearance 2. Vehicle Identification Card

5. COMMUNICATION ACCESS 5.1. Auxiliary Aids and Services ADA Section Title II Regulations Subpart E - Communications §35.160

(a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. Governor’s Administrative Directive No. 97-02 (See attachments for complete text The State of Hawaii shall ensure that all individuals with disabilities have communication access to programs, services, and activities of the State of Hawaii which are equally effective as that provided to individuals without disabili-ties. To meet the requirments of the directive, departmens and agencies of the State of Hawaii shall provide specific communication access in the form of auxiliary aids of services upon the request of a qualified individual with a disability. Finding: Several sections within the Department did not understand the requirements to provide alter-nate means of communications. In addition, several Departments were not clear on where the monies would come from, in order to fund services such as sign language interpreters. Action: The Department has included, as part of their Service Manual (DSM), a written policy and procedure (copy attached) outlining the steps, and locations, to obtain these services and the source for funding. 5.2. TDD Communications Requirements: The Design Guidelines require a TDD to be located in certain buildings and facilities. The following is the text of those requirements: Section 10. Transportation Facilities 10.3 (12) Text Telephones: The following shall be provided in accordance with 4.31.9: (a) If an interior public pay telephone is provided in a transit facility (as defined by the Department of Transportation) at least one interior public text telephone shall be provided in the station.

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(b) Where four or more public pay telephones serve a particular entrance to a rail station and at least one is in an interior location, at least one interior public text telephone shall be provided to serve that entrance. Compliance with this section constitutes compliance with section 4.1.3(17)(c). (4) Where public pay telephones are provided, and at least one is at an interior location, a public text telephone shall be provided in compliance with 4.31.9. Additionally, if four or more public pay telephones are located in any of the following locations, at least one public text telephone shall also be provided in that location:

(a) a main terminal outside the security areas; (b) a concourse within the security areas; or (c) a baggage claim area in a terminal.

4.1.3 (17) Public telephones: (c) The following shall be provided in accordance with 4.31.9: (i) if a total number of four or more public pay telephones (including both interior and exterior phones) is provided at a site, and at least one is in an interior location, then at least one interior public text telephone shall be provided. Finding: TDD (text telephones) locations have been identified through the site surveys conducted at each Department building and facility. All Airport facilities provide a TDD with the exception of the fol-lowing locations (for a complete list of locations refer to the Barrier identification Report Binders located in the office of the Department ADA Coordinator. In addition the following Sections have TDD phones:

• · DIR-P, Public Affairs office • · PER, Departmental Personnel Office, EEOC Officer • · DIR-CA, Departmental ADA Coordinator, Office of Special Compliance

Recommendations: Based on the requirements, the following locations, required to provide a text telephone, did not provide the required phone or signage indicating the location of the nearest TDD equipped phone:

Honolulu International Airport • Bldg. #344, Gate #24, Baggage Claim Area F, • Bldg. #373, Gate #7, #9, #11 lobby • Bldg. #363, Gate #10, #12, #13 • Bldg. #344, Gate #25, 3rd floor Wikiwiki • Bldg. #360, Gates #26, #27, #29, #30, #33 & #34 • Bldg. #341, Wikiwiki Terminal, Baggage Claim F, G & H and Shuttle Lobby. • Bldg. #339, Diamond Head Stairs • Bldg. #346, Diamond Head Lobby • Bldg. #342, 2nd Floor Ewa • Bldg. #355, Parking Garage, All Elevator Lobbies • Bldg. #352, Lobby Honolulu International Commuter Terminal • Baggage Claim Area Kona Airport • Four locations (signs only) Lanai Airport • One TDD provided, two banks do not provide signage

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Lihue • One TDD at the car rental counter • Signs are not provided at all other required areas Kahului Airport • No signs or incomplete signs Molokai • No signage at baggage claim The following locations do not provide the required TDD.

Honolulu International Airport • Bldg. #344 Baggage Claim D • Bldg. #341, Baggage Claim H • Bldg. #360, Aloha Lounge Honolulu International Commuter Terminal • Gate Holding Area Inter-Island Terminal • No TDD Observed Lihue Commuter Terminal • No TDD, No Signage Kahului Airport • 2nd Floor arrivals or ticketing counters Princeville • No TDD provided

5.3.Emergency Warning Systems See attached excerpt from the department’s service manual. 5.4.Access Information Section 35.106 requires a public entity to disseminate sufficient information to applicants, participants, beneficiaries, and other interested persons to inform them of the rights and protections afforded by the ADA and this regulation. Methods of providing this information include, for example, the publication of information in handbooks, manuals, and pamphlets that are distributed to the public to describe a public entity’s programs and activities; the display of informative posters in service centers and other public places; or the broadcast of information by television or radio. Information on access to the Departments programs will be disseminated through public notice in news-papers, public service announcements, the Departments Internet Bulletin Board and Posters displays.

6. FACILITIES ASSESSMENT

6.1. List of Locations Where Programs are Provided The listing of the locations of all programs is extensive. Four (4) additional separate binders are located in the Office of the Department of ADA Coordination which outline all those programs and services iden-tified and their locations. Access to these documents is available upon request.

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6.2. Summary of Inaccessible Features A complete listing of inaccessible features are incorporated in approximately twenty binders and due to the extent of the volume of those binders, the entire listing has not been incorporated into this report. The entire set of finding may be accessed through the Departments ADA Coordinator.

Finding: The following barriers are those identified which limit independent access to each facility. Once removed, the programs located in each building or facility would be accessible to persons with disabili-ties. Action: The Department has placed a high priority on, and is in the process of, scheduling the removal of the following architectural in order to provide access to persons with disabilities to those programs oper-ated within each location. Prior to the completion of the renovations, qualified persons with disabilities should contact the Department’s ADA Coordinator, Mr. Michael K. Medeiros at (808) 587-7584 [phone]; (808) 587-2210 [TTY]; (808) 587-6306 [fax], to arrange auxiliary services.

ADMINISTRATION AND HIGHWAYS

869 Punchbowl Street

1. The front entrance to this building is not accessible due to stairs. The building provides an accessible rear entrance. Signage should be placed at the front entrance indicating the accessible entrance is located in the rear. 2. The elevators are accessible with the exception of the emergency communications system, which requires voice communications. The existing system does not provide access to the phone by someone who is hearing impaired or deaf. 3. The offices and common areas are generally accessible and usable to a person with a disability with the exception of tactile and Braille office numbers. This can be handled programmatically by meeting someone at the entrance and escorting visitors throughout the building. 4. The public restrooms do not provide accessible features. As this is one area that programmatic access is not feasible, I strongly recommend that at least one restroom be altered to fully comply. Signs at other, non-accessible, restrooms must be displayed indicating the location of the accessible restroom, once completed. Prior to the completion of the renovations meetings with qualified individuals will be held at accessible, alternative sites.

600 Kapiolani Blvd., Suite 306

The DOT leases the entire 3rd Floor. The statewide Transportation Planning Office issues RFPs and accepts bids on projects. The public has the option of mailing or faxing information to/from this office in lieu of physically going to the office. The building is accessible to persons with disabilities.

888 Mililani Street, Suite 701

This building is accessible. The computer system Services Office does not interface with the general public but may meet with a vendor through an appointment.

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AIRPORTS

Maui District Locations Element Requirement Kahului Airport Commuter Terminal Parking Stalls Provide accessible parking. Ticket counter heights Lower at least one. Public pay phones Lower at least one. Public restrooms Provide at least one accessible toilet stall in each restroom. Kapalua /West Maui Ramp from accessible parking Provide handrails on the ramp to the lower parking lot. Ticket counters Lower at least one. Public pay phones Lower at least one. Public restrooms Provide at least one accessible toilet stall in each restroom. Hana Public pay phones Lower at least one. Ticket counters Lower at least one. Women's public restroom Provide at least one accessible toilet stall. Molokai Parking Add accessible parking stalls. Ticket counters Lower at least one. Kalaupapa Ticket counters Lower at least one.

Hawaii District Locations Element Requirement Waimea/Kohala Ticket counters Lower at least one. Public pay phones Lower at least one. Public restrooms Provide at least one accessible toilet stall in each restroom. Hilo Commuter Terminal Public restrooms Provide at least one accessible toilet stall in each restroom.

Kauai District

Locations Element Requirement Princeville Parking Add accessible parking stalls. Public restrooms Provide at least one accessible toilet stall in each restroom. Helicopter terminal Ramp the threshold. Ticket counters Lower at least one. Restaurant (2nd floor). Stair access only Provide service on ground level.

Oahu District Locations Element Requirement Dillingham Field Public pay phones Lower at least one. Glider Port & Control Tower Public restrooms Provide at least one accessible toilet

stall in each restroom. Parking Add accessible parking stalls

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HARBORS Hawaii Locations Element Requirement Hilo Division Office Parking Add accessible stalls. Counter Lower a portion of counter. Pier 1 Shed Parking Add accessible parking. Route to entrance Pedestrian route. Public Pay Phones Lower one and relocate obstruction. Drinking Fountain Cup dispenser. Radio Bay Comfort Station Parking Provide an accessible parking stall. Route to entrance Pedestrian route. Restrooms Provide one of each type (Men /Women). Showers If used by other than employees. Kauai Locations Element Requirement Nawiliwili Pier 2 Shed Parking Add accessible parking stalls. Public restrooms Provide at least one accessible toilet stall in each restroom. Drinking fountain Cup dispenser. Public pay phones Lower at least one. Route to restrooms Pedestrian route. Nawiliwili Pier 3 Shed Parking Add accessible parking stalls. Route to entrance - Steps Ramp or relocate services. Public pay phones Lower at least one. Counter Lower one section. Port Allen Fountain Cup dispenser. Route to entrance Threshold. Restrooms One of each type.

Fumigation Station Parking Provide accessible parking. Route to entrance Pedestrian route. Oahu Locations Element Requirement Aloha Tower Underside of Stairs Place a detectable barrier. Protruding Object Elevator Audible device. Fountain Add freestanding fountain. Pier 1 Shed Restrooms None accessible, one of each type. Parking No accessible stalls. Fountain Route to access fountain not accessible. Pay Phones Route does not comply. Pier 2 Shed Restrooms None accessible, one of each type. Parking No accessible stalls. Fountain Route to access fountain not accessible. Pay Phones Route does not comply.

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Locations Element Requirement Pier 19 Shed Men’s restroom only None accessible, one of each type. Parking No accessible stalls. Fountain Route to access fountain not accessible. Pier 21 Shed Restrooms None accessible, one of each type. Parking No accessible stalls. Pier 24 Shed Parking not provided At least one accessible stall. Pier 29 Shed Route to entrance Step (Ramp). Pier 32 Shed Pay Phones Route does not comply. Restrooms None accessible, one of each type. Parking No accessible stalls. Pier 39 Shed Parking No accessible stalls. Pier 40 Shed Parking No accessible stalls. Fountain not accessible Raise one fountain or cup dispenser. Barbers Point Parking No accessible parking stalls.

6.3.Program Access Options In order to provide programmatic access to those programs and services located in non-accessible buildings and facilities, the Department has indicated that existing barriers preventing independent access will be removed as expeditiously as possible. Until such time as immediate barrier removal is completed, staff will be instructed to provide their goods and services in the most accessible fashion. This may be accomplished by either relocating meetings to an accessible location or providing services via the telephone, TDD, surface mail or Internet.

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ATTACHMENT-A

Grievance Procedure and Reporting Form

State of Hawaii - Department of Transportation Grievance Procedures

For Complaints of Discrimination In access to Services Programs and Facilities for persons with disabilities All Grievances should be in writing and contain as much information as possible about the alleged discrimination (i.e. name, address, phone number, location and description of alleged incident, etc.). The use of the Complaint form is recommended but not required. Complaint forms are available from.

State of Hawaii - Department of Transportation ADA Coordinator, Michael K. Medeiros,

869 Punchbowl Street, Honolulu, Hawaii 96813 (808) 587-7584 [Voice] (808) 587-2210 [TTY] (808) 587-6306 [Fax]

Persons wishing to file a grievance, or his/her designee, should submit the written grievance within thirty (30) calendar days of the alleged violation to the above address. Other arrangements for submission of a grievance (i.e. personal interview, large print or tape recording) will be made available for anyone requesting an accommodation. Within thirty (30) calendar day of the receipt of the complaint, the ADA Coordinator or designee will respond in writing (or other such method as requested (i.e.: large print, audio cassette or TDD) to the complainant and or his/her designee. The response will offer a resolution or explain the position of the Department of Transportation with respect to the complaint. If the response by the ADA Coordinator does not satisfactorily resolve the issue(s), the complainant or designee may request a hearing not later than fifteen- (15) calendar days thereafter. A hearing will be held within thirty (30) calendar days of the date of such request, before the Director of the Department of Transportation or desig-nee at a location based on the specifics of the complaint. Within thirty (30) calendar days of the hearing, the complainant or designee will receive the final resolution in writing (or other acceptable form of communications). In addition, the complainant will be informed of alternate avenues of redress available to the complainant.

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State of Hawaii - Department of Transportation Americans with Disabilities Act – Title II

GRIEVANCE FORM

(OPTIONAL) 1. Complainant Name: Address: Phone: 2. Designee (if applicable) Name: Address: Phone: 3. Date(s) Incident Occurred: 4. Nature of Complaint (Please include date, time, place, people involved, witnesses and circumstances). 5. Request for Special Accommodations (Describe) Mail / Fax To: State of Hawaii - Department of Transportation ADA Coordinator 869 Punchbowl Street - Honolulu, Hawaii 96813 Phone: (808) 587-7584 [Voice]; 587-2210 [TDD] - Fax: (808) 587-6306

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ATTACHMENT-B

Public Notice Provide Notice of ADA Requirements (Section 35.106)

The Department of Transportation is notifying the public through publications, public service announcements and this document. The two areas included in this notices are:

• The Department of Transportation does not discriminate on the basis of disability in admission to, or access to, or operations of its programs, services, or activities.

• • The Department of Transportation does not discriminate on the basis of disability in its hiring or

employment practices. • • The notice also includes the name, address and telephone number of the Departments ADA

Coordinator ATTACHMENT-C

Department of Transportation Employment Practices

1. EEOC Equal Employment Opportunity Complaint Procedures

Formal Complaint Reporting Form Incident Report Reporting Form Accommodations for Employees (Commission on Persons with Disabilities)

a. Governors Memorandum 92-02

DHRD Self-Evaluation for Civil Service Employment ATTACHMENT-D

How to make meetings accessible (Commission on Persons with Disabilities) Executive Memorandum

ATTACHMENT-E

Sample Contract, Qualifications Statement and Specification s Proposal ATTACHMENT-F

Existing and Proposed Curb Ramp Design Sheets ATTACHMENT-G

Emergency Call Box Systems

AMERICANS WITH DISABILITIES ACT. TITLE II TRANSITION PLAN

FOR THE STATE OF HAWAII, DEPARTMENT OF TRANSPORTATION

PUBLIC NOTICE

The State of Hawaii, Department of Transportation (DOT) is requesting public comment on its Self Evaluation for the Americans with Disabilities Act (ADA).

Interested persons may review copies of the Self Evaluation in its entirety at the DOT Public Affairs Office

869 Punchbowl Street, Room 506, Honolulu; and at the DOT Kahului Airport District Manager’s Office, DOT Keahole Airport Manager’s Office, Hilo Airport Assistant District Manager’s Office, Lihue Airport

District Manager’s Office, Hawaii Centers for Independent Living, and your local regional public library.

Comments should be submitted no later than September 14, 1998. Please send comments and recommendations to:

Accessibility Planning & Consulting Inc.

1154 Fort Street Mall, Suite 206 Honolulu, Hawaii 96816

Attn: Mr. Bruce Clark Phone: (808) 545-1141 -- Fax: (808) 531-7737

Auxiliary aids and services are available upon request, please contact the DOT ADA Coordinator,

Michael Medeiros, Phone (808)587-2321, Fax (808)587-2329, TTY (808)587-2311.

EXECUTIVE SUMMARY

The State Department of Transportation’s (DOT) Transition Plan has been developed to fulfill the requirements of the Americans with Disabilities Act of 1990 (public law 101-336)

under the implementing regulations for Title II, 28 CFR Part 35 §35.150 (d).

METHODOLOGY The DOT’s Transition Plan reflects the results of a comprehensive review and survey of the buildings, facilities, programs, and practices that are under the jurisdiction of the Department; who, through its functions, provide these programs and services to the public. The surveying and review identified both programmatic and architec-tural barriers to persons with disabilities interested in accessing the DOT’s programs and services. TIME LINE The DOT’s Transition Plan identifies those architectural barriers that require modifications to allow independent access to qualified persons with disabilities to the programs and services offered by the DOT. The removal of the barriers has been prioritized into two categories: Priority 1 and Priority 2.

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ADA/504 APPENDICES

Sample STA ADA/504 Transition Plan

Priority #1 items identifies those barriers whose removal is essential to providing access to specific elements under the jurisdiction of the DOT (i.e. curb ramps, parking stalls, etc.) to access programs not otherwise accessi-ble by modification of programs and practices. Those programs and services, located in buildings and facilities, identified as requiring architectural modifications to provide access to qualified persons with disabilities are in-cluded in the Priority #1 listing. All architectural barriers identified as a Priority #1, including those areas identi-fied and requested by persons with disabilities, will be removed no later than December 2002. Priority #2 items identifies all other architectural barriers whose removal will be completed as planned alterations are made to a specific building or facility, but in no case later than December 2005. PUBLIC COMMENT DOT’s Transition Plan was made available for public input from December 14th through December 18th 1998, at the following locations: 1) Hawaii Services on Deafness, 2) Easter Seal Society of Hawaii, 3) Mental Health As-sociation in Hawaii, 4) Hawaii Centers for Independent Living, 5) The Commission on Persons with Disabilities, and 6) Disabilities Rights Hawaii. All comments from the pubic have been reviewed and if appropriate, incorpo-rated into the Priority #1 barrier removal schedule.

AIRPORTS DIVISION TRANSITION PLAN

General:

In order to ensure programmatic accessibility, all architectural barriers identified below in Priority 1 will be removed as expeditiously as possible, but no later than July 2002. All other identified areas in Priority 2 will be removed no later than July 2005.

Method: The method by which each of the corrective measures will be addressed is for each to be programmed in either the Operating or Capital Project budgets.

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Location/Element Requirement Est. Design Completion

Date

Est. Construction Comp. Date

1 Lihue Airport; Fire alarm sys-tem, room ID signs, 3rd floor terminal restrooms, TDD phones, clear floor space and rental car accessible parking

Provide visual fire alarm, tactile/Braille signage, accessible restroom stalls and lavatories, 30' x 48' level/clear space at traffic control buttons and accessible parking at rental car park-ing lot as required. Contact phone company for

06/24/2000 09/01/2002

2 Port Allen Airport; Accessible parking, signage

Provide accessible parking and tactile/Braille signage as required

06/24/2000 09/01/2002

3 Princeville Airport; Accessible parking, curb ramps, ticket counter height, accessible rest-rooms, restaurant access, and Helicopter terminal threshold.

Provide accessible parking, curb ramps, 36" counter height, accessible restroom fixtures and smooth out threshold at Helicopter terminal as required

06/24/2000 09/01/2002

Priority 1

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Location/Element Requirement

Est. Design Completion

Date

Est. Construction Comp. Date

4 Honolulu commuter Terminal; protruding objects, curb ramps, drinking fountains, TDD phone signage, counter height

Provide detectable object beneath the protrusions, install curb ramps, install high/low drinking fountains and ac-cessible counters. Contact phone company to supply TDD phones as required

06/24/2000 09/01/2002

5 Honolulu Inter-Island Terminal; accessible restrooms, TDD phones, directional signs, accessible loading zones, fire alarm, protruding objects, and counter height

Provide accessible restrooms. tactile/Braille signage, install accessible loading zone, install visual fire alarm, install detectable object beneath the protrusions and install accessible counters. Contact phone company for supplying TDD

06/24/2000 09/01/2002

6 Dillingham Airport; Accessible parking, accessible restrooms and TDD payphones.

Provide accessible parking and rest-rooms, contact phone company for supplying TDD phones

06/24/2000 09/01/2002

7 Molokai Airport; Accessible parking and ticket counter height

Provide accessible parking and ac-cessible counters.

06/24/2000 09/01/2002

8 Kalaupapa Airport; Accessible parking, and ticket counter height

Provide accessible parking and ac-cessible counters.

06/24/2000 09/01/2002

9 Kahului Airport; Accessible parking, accessible public rest-rooms, and counter height

Provide accessible parking, accessi-ble restrooms, and accessible count-ers.

06/24/2000 06/01/2002

10 Hana Airport; Accessible parking, accessible public restrooms, ticket counter height, and TDD phones

Provide accessible parking, accessi-ble restrooms, and accessible count-ers. Contact phone company for sup-plying TDD phones

06/24/2000 09/01/2002

Priority 1

11 Kapalua Airport; Accessible parking and ramp.

Provide accessible parking stalls and ramps

06/24/2000 09/01/2002

12 Lanai Airport; Accessible park-ing, and ticket counter height

Provide accessible parking and ac-cessible counters.

06/24/2000 09/01/2002

13 Hilo International Airport (includes Commuter terminal and Heliport); Accessible rest-rooms, and protruding objects

Provide accessible parking and install detectable object beneath the protru-sions.

06/24/2000 09/01/2002

14 Waimea Airport; Accessible parking, and ticket counter height

Provide accessible parking and ac-cessible counters.

06/24/2000 09/01/2002

15 Upolu Airport; Accessible parking, TDD phone

Provide accessible parking and con-tact phone company for supplying TDD phones

06/24/2000 09/01/2002

Priority 1

Location/Element Requirement Est. Design Completion Date

Est. Construction Comp. Date

PR

Kona AIR Accessible Route: Bag-gage claim to Parking Lot - No signage and excessive slope at curb ramp.

1]Display the ISA with a direc-tional arrrow indicating the loca-tion of the accessible route. 2] Reconstruct curb ramp to comply with ADAAG max slope of 1:12

06/24/2000 09/01/2002

PR

Kona AIR; taxi cab loading zone no curb ramps

Provide curb ramp in compliance with ADAAG

06/24/2000 09/01/2002

PR

Hilo International Airport TTY signage at public phones

Provide additional signage at phone banks indicating TTY phones

06/24/2000 09/01/2002

PR

Molokai Airport TTY signage at public phones

Provide additional signage at phone banks indicating TTY phones

06/24/2000 09/01/2002

PR

Kahului Airport TTY signage at public phones

Provide additional signage at phone banks indicating TTY phones

06/24/2000 09/01/2002

PR

Kona Airport TTY signage at pub-lic phones

Provide additional signage at phone banks indicating TTY phones

06/24/2000 09/01/2002

Indicates projects incorporated into the transition plan at the re-quest of the public.

Priority 2

The following facilities with architectural barriers as described in the Barrier Identification Survey Reports will be removed no later than July 2005.

A detailed listing of those facilities is available for review through the Departmental ADA Coordinator’s Office.

Location/Element Requirement Est. Design Completion Date

Est. Construction Comp. Date

1 Lihue Airport; Fire alarm system, room ID signs, 3rd floor terminal restrooms, TDD phones, clear floor space and rental car acces-sible parking

Provide visual fire alarm, tactile/Braille signage, accessible rest-room stalls and lavatories, 30' x 48' level/clear space at traffic con-trol buttons and accessible park-ing at rental car parking lot as required. Contact phone com-pany for

06/24/2000 09/01/2002

2 Port Allen Airport; Accessible parking, signage

Provide accessible parking and tactile/Braille signage as required

06/24/2000 09/01/2002

4 — H — 4

4 — H — 5

Priority 2

Location/Element Requirement Est. Design Completion

Date

Est. Construction Comp. Date

3 Princeville Airport; Accessible parking, curb ramps, ticket counter height, accessible restrooms, res-taurant access, and Helicopter terminal threshold.

Provide accessible parking, curb ramps, 36" counter height, accessi-ble restroom fixtures and smooth out threshold at Helicopter terminal as required

06/24/2000 09/01/2002

4 Honolulu commuter Terminal; pro-truding objects, curb ramps, drink-ing fountains, TDD phone signage, counter height

Provide detectable object beneath the protrusions, install curb ramps, install high/low drinking fountains and accessible counters. Contact phone company to supply TDD phones as required

06/24/2000 09/01/2002

5 Honolulu Inter-Island Terminal; accessible restrooms, TDD phones, directional signs, accessi-ble loading zones, fire alarm, pro-truding objects, and counter height

Provide accessible restrooms. tac-tile/Braille signage, install accessi-ble loading zone, install visual fire alarm, install detectable object be-neath the protrusions and install accessible counters. Contact phone company for supplying TDD

06/24/2000 09/01/2002

6 Dillingham Airport; Accessible parking, accessible restrooms and TDD payphones.

Provide accessible parking and restrooms, contact phone company for supplying TDD phones

06/24/2000 09/01/2002

7 Molokai Airport; Accessible park-ing and ticket counter height

Provide accessible parking and ac-cessible counters.

06/24/2000 09/01/2002

8 Kalaupapa Airport; Accessible parking, and ticket counter height

Provide accessible parking and ac-cessible counters.

06/24/2000 09/01/2002

9 Kahului Airport; Accessible park-ing, accessible public restrooms, and counter height

Provide accessible parking, acces-sible restrooms, and accessible counters.

06/24/2000 06/01/2002

10 Hana Airport; Accessible parking, accessible public restrooms, ticket counter height, and TDD phones

Provide accessible parking, acces-sible restrooms, and accessible counters. Contact phone company for supplying TDD phones

06/24/2000 09/01/2002

11 Hana Airport; Signage, curb ramps, protruding objects, and drinking fountains

Provide tactile/Braille signage, ac-cessible curb ramps, install detect-able object beneath protrusions, and install high/low accessible drinking fountains

06/24/2002 09/01/2005

12 Kapalua Airport; Room ID signs, accessible parking, protruding ob-jects, drinking fountains, door hardware, curb ramps accessible loading zone and fire alarm

Provide tactile/Braille signage, ac-cessible parking stalls, install de-tectable object beneath protrusions, install high/low accessible drinking fountains, install accessible door hardware, curb ramps, & accessible loading zone, and provide

06/24/2002 09/01/2005

4 — H — 6

Location/Element Requirement Est. Design Completion

Date

Est. Construction Comp. Date

13 Lanai Airport; Door hardware, signage, curb ramps, accessible restrooms, and drinking fountains

Provide accessible door hardware, curb ramps, high/low accessible drink-ing fountains, and accessible rest-rooms. Install tactile/Braille signage

06/24/2002 09/01/2005

14 Kona International Airport; Room ID signs, access to Moana Loa Helicopter, accessi-ble parking

Provide tactile/Braille signage and ac-cessible parking stalls, and correct accessibility of Moana Loa Helicopter terminal

06/24/2002 09/01/2005

15 Hilo International Airport (includes Commuter terminal and Heliport); Elevators, door hardware and ID signs, and ac-cess at lei counter

Provide accessible elevator controls, door hardware and tactile/Braille sign-age, and install accessible counter as required

06/24/2002 09/01/2005

16 Waimea Airport; Drinking foun-tain, protruding objects, accessi-ble restrooms, and hand rails

Install high/low accessible drinking fountain, detectable objects beneath protrusions and handrails, and provide accessible restrooms

06/24/2002 09/01/2005

17 Upolu Airport; Accessible park-ing, TDD phone

Provide accessible parking stalls as required and contact phone company for supplying TDD phones

06/24/2002 09/01/2005

Priority 2

4 — H — 7

HARBORS DIVISION TRANSITION PLAN

General: In order to ensure programmatic accessibility, all architectural barriers identified below in Priority 1 will be removed as expeditiously as possible, but no later than July 2002. All other identified areas in Priority 2 will be removed no later than July 2005. Method: The method by which each of the corrective measures will be addressed is for each to be programmed in either the Operating or Capital Project budgets.

Priority 1: Oaho: Aloha Tower

Seq No.

Location Element Description

Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Aloha Tower Marketplace

SIGNAGE Provide accessible signage 7/1/00 7/1/01

2 Aloha Tower Lobby

PROTRUDING OBJECT

Remove or relocate protruding ob-ject

7/1/00 7/1/01

3 Elevator ENTRANCE Narrow cab to platform opening 7/1/00 7/1/01

4 Elevator Minimum Requirements

Provide minimum requirements 7/1/00 7/1/01

5 Elevator Minimum Requirements

Provide minimum requirements 7/1/00 7/1/01

6 Elevator NOTIFICATION DEVICE

Install audible car position indicator 7/1/00 7/1/01

22 Restroom - 10th Floor

WATER FOUN-TAINS

Install cup dispenser 7/1/00 7/1/01

23 Restroom - 10th Floor

PROTRUDING OBJECT

Provide detectable barrier 7/1/00 7/1/01

Oahu: Barbers Point Office Building

Seq No.

Location Element Description

Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Parking Lot PARKING Provide van accessible parking 7/1/99 7/1/00

2 Parking Lot PARKING Provide accessible signage 7/1/99 7/1/00

3 Parking Lot SIGNAGE Provide accessible signage 7/1/99 7/1/00

4 — H — 8

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Parking Lot PARKING Provide accessible parking 7/1/99 7/1/00 2 Parking Lot PARKING Provide van accessible park-

ing 7/1/99 7/1/00

3 Parking Lot SIGNAGE Provide accessible signage 7/1/99 7/1/00 4 Parking Lot SIGNAGE Provide accessible signage 7/1/99 7/1/00 5 CFS Office ROUTE TO ENTRANCE Provide minimum require-

ments 7/1/01 7/1/02

6 CFS Office HANDRAILS Provide accessible handrails 7/1/01 7/1/02 7 CFS Office STAIRS Install handrails or grab bars 7/1/01 7/1/02 8 CFS Office HANDRAILS Provide accessible handrails 7/1/01 7/1/02 9 CFS Office CASH REGISTER

COUNTER Provide accessible counter 7/1/01 7/1/02

10 CFS Office FIRE ALARM PULLS Relocate fire alarm pull 7/1/01 7/1/02 11 U.S. Customs SIGNAGE Provide tactile/braile signage 7/1/01 7/1/02 12 U.S. Customs STAIRS Install handrails or grab bars 7/1/01 7/1/02 13 U.S. Customs HANDRAILS Provide accessible handrails 7/1/01 7/1/02 14 Pier 1 -

U.S. Customs STAIRS Install handrails or grab bars 7/1/01 7/1/02

15 Pier 1 - U.S. Customs

HANDRAILS Provide accessible handrails 7/1/01 7/1/02

16 Pier 1 - U.S. Customs

COUNTER Provide accessible counter 7/1/01 7/1/02

17 Pier 1 - U.S. Customs

WATER FOUNTAINS Provide cup dispenser 7/1/01 7/1/02

18 Pier 1 - U.S. Customs

CLEAR FLOOR SPACE Provide minimum clearances 7/1/01 7/1/02

19 Pier 1 - U.S. Customs

TABLES Provide accessible table 7/1/01 7/1/02

20 Pier 1 TELEPHONE Provide minimum clearances 7/1/01 7/1/02 21 Pier 1 CURB RAMPS Provide curb ramp 7/1/01 7/1/02 22 Restroom - Men's

- CFS #2 Main SIGNAGE Provide tactile/braile signage 7/1/01 7/1/02

23 Restroom - Men's - CFS #2 Main

DOORS Provide accessible door 7/1/01 7/1/02

24 Restroom - Men's - CFS #2 Main

THRESHOLD Bevel threshold 7/1/01 7/1/02

25 Restroom - Men's - CFS #2 Main

PLUMBING INSULA-TION

Insulate plumbing 7/1/01 7/1/02

26 Restroom - Men's - CFS #2 Main

SOAP DISPENSER Relocate dispenser 7/1/01 7/1/02

27 Restroom - Men's - CFS #2 Main

MIRROR Lower mirror 7/1/01 7/1/02

28 Restroom - Men's - CFS #2 Main

TOILET STALLS Provide minimum clearances 7/1/01 7/1/02

29 Restroom - Men's - CFS #2 Main

WATER CLOSET Relocate water closet 7/1/01 7/1/02

Oahu: Honolulu Harbor CFS #2 Main Building

4 — H — 9

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

30 Restroom - Men's - CFS #2 Main

WATER CLOSET Replace seat 7/1/01 7/1/02

31 Restroom - Men's - CFS #2 Main

GRAB BARS Install grab bars 7/1/01 7/1/02

32 Restroom - Men's - CFS #2 Main

COAT HOOK Relocate coat hook 7/1/01 7/1/02

33 Restroom - Men's - CFS #2 Main

URINALS Replace urinal 7/1/01 7/1/02

34 Restroom - Men's - CFS #2 Main

URINALS Relocate flush mechanism 7/1/01 7/1/02

35 Restroom - Men's - CFS #2 Main

VISUAL FIRE ALARMS

Provide visual emergency alarm system

7/1/01 7/1/02

Oahu: Pier 21 Machine Shop Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Restroom-Women’s - Pier 21

SIGNAGE Provide tactile/braile signage 7/1/01 7/1/02

2 Restroom-Women's - Pier 21

DOORS Provide accessible door 7/1/01 7/1/02

3 Restroom-Women's - Pier 21

THRESHOLD Bevel threshold 7/1/01 7/1/02

4 Restroom-Women's - Pier 21

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

5 Restroom-Women's - Pier 21

LAVATORIES Relocate lavatory 7/1/01 7/1/02

6 Restroom-Women's - Pier 21

PLUMBING INSULATION

Insulate plumbing 7/1/01 7/1/02

7 Restroom-Women's - Pier 21

TOILET STALLS Provide minimum clearances 7/1/01 7/1/02

8 Restroom-Women's - Pier 21

THRESHOLD Bevel threshold 7/1/01 7/1/02

9 Restroom-Women's - Pier 21

TOILET STALLS Relocate door to stall 7/1/01 7/1/02

10 Restroom-Women's - Pier 21

WATER CLOSET Replace seat 7/1/01 7/1/02

11 Restroom-Women's - Pier 21

GRAB BARS Install grab bars 7/1/01 7/1/02

12 Restroom-Women's - Pier 21

VISUAL FIRE ALARMS

Provide visual emergency alarm system

7/1/01 7/1/02

13 Restroom - Men’s - Pier 21

SIGNAGE Provide tactile/Braille signage 7/1/01 7/1/02

4 — H — 10

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

14 Restroom - Men's - Pier 21

THRESHOLD Bevel threshold 7/1/01 7/1/02

15 Restroom - Men's - Pier 21

LAVATORIES Relocate lavatory 7/1/01 7/1/02

16 Restroom - Men's - Pier 21

PLUMBING INSULATION Insulate plumbing 7/1/01 7/1/02

17 Restroom - Men's - Pier 21

MIRROR Lower mirror 7/1/01 7/1/02

18 Restroom - Men's - Pier 21

TOILET STALLS Provide minimum clear-ances

7/1/01 7/1/02

19 Restroom - Men's - Pier 21

CONNECTING WALKS/RAMPS

Provide minimum clear-ances

7/1/01 7/1/02

20 Restroom - Men's - Pier 21

WATER CLOSET Relocate water closet 7/1/01 7/1/02

21 Restroom - Men's - Pier 21

WATER CLOSET Replace seat 7/1/01 7/1/02

22 Restroom - Men's - Pier 21

GRAB BARS Install grab bars 7/1/01 7/1/02

23 Restroom - Men's - Pier 21

URINALS Lower urinal 7/1/01 7/1/02

24 Restroom - Men's - Pier 21

URINALS Relocate flush mechanism 7/1/01 7/1/02

25 Restroom - Men's - Pier 21

SHOWER STALLS Lower shower curb 7/1/01 7/1/02

26 Restroom - Men's - Pier 21

VISUAL FIRE ALARMS Provide visual emergency alarm system

7/1/01 7/1/02

27 Restroom - Men's - Pier 21

SIGNAGE Provide tactile/braile sign-age

7/1/01 7/1/02

Oahu: Pier 24's Administration Building Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Parking Lot PARKING N/A N/A N/A 2 Parking Lot PARKING Provide van accessible

parking 7/1/99 7/1/00

3 Parking Lot PARKING Provide accessible sign-age

7/1/99 7/1/00

4 Parking Lot SIGNAGE Provide accessible sign-age

7/1/99 7/1/00

4 — H — 11

Oahu: Pier 39 Shed Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Parking Lot PARKING Provide accessible parking

7/1/99 7/1/00

2 Parking Lot PARKING Provide van accessible parking

7/1/99 7/1/00

3 Parking Lot SIGNAGE Provide accessible signage

7/1/99 7/1/00

4 Parking Lot SIGNAGE Provide accessible signage

7/1/99 7/1/00

Oahu: Pier 40 Shed Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Parking Lot PARKING Provide accessible parking

7/1/99 7/1/00

2 Parking Lot PARKING Provide van accessible parking

7/1/99 7/1/00

3 Parking Lot SIGNAGE Provide accessible signage

7/1/99 7/1/00

4 Parking Lot SIGNAGE Provide accessible signage

7/1/99 7/1/00

5 Parking Lot WATER FOUNTAINS Provide cup dispenser

7/1/99 7/1/00

6 Parking Lot WATER FOUNTAINS Provide cup dispenser

7/1/99 7/1/00

7 Parking Lot VISUAL FIRE ALARMS Locate visual alarms where required

7/1/01 7/1/02

8 Parking Lot PROTRUDING OBJECT Provide detectable barrier

7/1/00 7/1/01

9 Restrooms SIGNAGE Relocate signage 7/1/99 7/1/00 10 Restrooms DOORS Provide level

landing 7/1/01 7/1/02

4 — H — 12

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Harbors Division Office

ROUTE TO ENTRANCE N/A N/A N/A

3 Parking Lot PARKING Provide accessible parking

7/1/99 7/1/00

4 Parking Lot SIGNAGE Relocate accessible signage

7/1/99 7/1/00

5 Parking Lot SIGNAGE Provide accessible signage

7/1/99 7/1/00

6 Harbors Division Office

ROUTE TO ENTRANCE Modify ramp level 7/1/01 7/1/02

7 Harbors Division Office

STAIRS Risers must be closed 7/1/01 7/1/02

8 Harbors Division Office

HANDRAILS Install handrails or grab bars

7/1/01 7/1/02

9 Harbors Division Office

HANDRAILS Provide accessible handrails

7/1/01 7/1/02

10 Harbors Division Office

RAMPS Provide accessibility 7/1/01 7/1/02

11 Side Parking Lot PARKING Provide accessible parking

7/1/01 7/1/02

12 Side Parking Lot PARKING Provide accessible parking

7/1/01 7/1/02

14 Side Parking Lot EMPLOYEE AREAS N/A N/A N/A 15 Side Parking Lot PROGRAM ACCESS Provide accessibility

programming 7/1/01 7/1/02

20 Restroom - Women's SIGNAGE Relocate signage 7/1/01 7/1/02 21 Restroom - Women's DOOR HARDWARE Provide accessible door

hardware 7/1/01 7/1/02

22 Restroom - Women's DOORS Provide accessible door 7/1/01 7/1/02 23 Restroom - Women's DOORS Provide accessible door 7/1/01 7/1/02 24 Restroom - Women's LAVATORIES Relocate lavatory 7/1/01 7/1/02 25 Restroom - Women's PLUMBING INSULATION Insulate plumbing 7/1/01 7/1/02 26 Restroom - Women's MIRROR Lower mirror 7/1/01 7/1/02 27 Restroom - Women's WATER CLOSET Replace seat 7/1/01 7/1/02 28 Restroom - Women's WATER CLOSET Lower flush mechanism 7/1/01 7/1/02 29 Restroom - Women's GRAB BARS Install grab bars 7/1/01 7/1/02 30 Restroom - Women's TOILET PAPER

DISPENSER Install accessible toilet paper dispenser

7/1/01 7/1/02

31 Restroom - Women's DISPENSERS Relocate dispenser 7/1/01 7/1/02 32 Restroom - Women's SEAT COVER

DISPENSER Relocate dispenser 7/1/01 7/1/02

33 Restroom - Men's SIGNAGE Relocate signage 7/1/01 7/1/02 34 Restroom - Men's DOOR HARDWARE Provide accessible door

hardware 7/1/01 7/1/02

35 Restroom - Men's DOORS Provide accessible door 7/1/01 7/1/02 36 Restroom - Men's LAVATORIES Relocate lavatory 7/1/01 7/1/02

Maui: Harbors Division Office

4 — H — 13

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

37 Restroom - Men's

PLUMBING INSULA-TION

Insulate plumbing 7/1/01 7/1/02

38 Restroom - Men's

MIRROR Lower mirror 7/1/01 7/1/02

39 Restroom - Men's

WATER CLOSET Replace seat 7/1/01 7/1/02

40 Restroom - Men's

WATER CLOSET Install grab bars 7/1/01 7/1/02

41 Restroom - Men's

TOILET PAPER DIS-PENSER

Install accessible toilet paper dispenser

7/1/01 7/1/02

42 Restroom - Men's

SEAT COVER DIS-PENSER

Relocate dispenser 7/1/01 7/1/02

Maui: OTA Building Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Maui Vegetable Growers

RAMPS Construct ramp 7/1/99 7/1/00

2 Maui Vegetable Growers

HANDRAILS Provide accessible handrails 7/1/99 7/1/00

3 Parking Lot PARKING Provide accessible parking 7/1/99 7/1/00 4 Parking Lot PARKING Provide van accessible parking 7/1/99 7/1/00 5 Parking Lot SIGNAGE Provide accessible signage 7/1/99 7/1/00 6 Parking Lot SIGNAGE Provide accessible signage 7/1/99 7/1/00 7 Restroom - OTA

Building SIGNAGE Provide tactile/braile signage 7/1/99 7/1/00

8 Restroom - OTA Building

DOOR HARDWARE Provide accessible door hard-ware

7/1/99 7/1/00

9 Restroom - OTA Building

DOORS Provide accessible door 7/1/99 7/1/00

10 Restroom - OTA Building

LAVATORIES Provide clear floor space 7/1/99 7/1/00

11 Restroom - OTA Building

FAUCETS Provide accessible faucets 7/1/99 7/1/00

12 Restroom - OTA Building

PLUMBING INSULA-TION

Insulate plumbing 7/1/99 7/1/00

13 Restroom - OTA Building

PAPER TOWEL DIS-PENSER

Relocate dispenser 7/1/99 7/1/00

14 Restroom - OTA Building

WATER CLOSET Relocate water closet 7/1/99 7/1/00

15 Restroom - OTA Building

WATER CLOSET Replace seat 7/1/99 7/1/00

16 Restroom - OTA Building

GRAB BARS Install grab bars 7/1/99 7/1/00

17 Restroom - OTA Building

TOILET PAPER DIS-PENSER

Install accessible dispenser 7/1/99 7/1/00

4 — H — 14

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

18 Restroom - OTA Building

SEAT COVER DISPENSER Relocate dispenser 7/1/99 7/1/00

19 Restroom - OTA Building

NAPKIN DISPENSER Relocate dispenser 7/1/99 7/1/00

20 Restroom - OTA Building

VISUAL FIRE ALARMS Provide visual emer-gency alarm system

7/1/99 7/1/00

21 Restroom - Del's Food Store

TOILET ROOMS Provide accessibility 7/1/99 7/1/00

Maui: Pier 1A Shed Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Pier 1A Shed - East Comfort Station

ROUTE TO ENTRANCE Provide accessible route

7/1/01 7/1/02

2 Pier 1A Shed ROUTE TO ENTRANCE Bevel level changes 7/1/01 7/1/02 3 Pier 1A Shed PARKING Provide accessible

parking 7/1/99 7/1/00

4 Pier 1A Shed PARKING Provide van accessible parking

7/1/99 7/1/00

5 Pier 1A Shed SIGNAGE Provide accessible signage

7/1/99 7/1/00

6 Pier 1A Shed SIGNAGE Provide accessible signage

7/1/99 7/1/00

7 Pier 1A Shed - East Comfort Station

SIGNAGE Provide tactile/braile signage

7/1/99 7/1/00

8 Pier 1A Shed - East Comfort Station

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

9 Pier 1A Shed - East Comfort Station

THRESHOLD Bevel threshold 7/1/01 7/1/02

10 Pier 1A Shed - East Comfort Station

DOORS Reverse door hinge 7/1/01 7/1/02

11 Pier 1A Shed - East Comfort Station

FAUCETS Provide accessible faucets

7/1/01 7/1/02

12 Pier 1A Shed - East Comfort Station

PLUMBING INSULATION Insulate plumbing 7/1/01 7/1/02

13 Pier 1A Shed - East Comfort Station

MIRROR Lower mirror 7/1/01 7/1/02

14 Pier 1A Shed - East Comfort Station

PAPER TOWEL DISPENSER

Relocate paper towel dispenser

7/1/01 7/1/02

15 Pier 1A Shed - East Comfort Station

URINALS Replace urinal 7/1/01 7/1/02

4 — H — 15

Seq No.

Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

16 TOILET STALLS Provide minimum clearances

7/1/01 7/1/02

17 TOILET STALLS Provide minimum clearances

7/1/01 7/1/02

18 WATER CLOSET Relocate water closet 7/1/01 7/1/02

19 WATER CLOSET Replace seat 7/1/01 7/1/02

20 GRAB BARS Install grab bars 7/1/01 7/1/02

21 TOILET PAPER DIS-PENSER

Provide accessible dispenser

7/1/01 7/1/02

22 SIGNAGE Provide tactile/braile signage

7/1/01 7/1/02

23 ENTRANCE Provide minimum clearances

7/1/01 7/1/02

24 LAVATORIES Provide minimum clearances

7/1/01 7/1/02

Location

Pier 1A Shed - East Comfort Station

Pier 1A Shed - East Comfort Station

Pier 1A Shed - East Comfort Station

Pier 1A Shed - East Comfort Station

Pier 1A Shed - East Comfort Station

Pier 1A Shed - East Comfort Station

Pier 1A Shed - West Comfort Station

Pier 1A Shed - West Comfort Station

Pier 1A Shed - West Comfort Station

25 Pier 1A Shed - West Comfort Station

PLUMBING INSULATION

Insulate plumbing 7/1/01 7/1/02

26 Pier 1A Shed - West Comfort Station

URINALS Lower urinal 7/1/01 7/1/02

27 Pier 1A Shed - West Comfort Station

URINALS Provide accessible urinal 7/1/01 7/1/02

28 Pier 1A Shed - West Comfort Station

URINALS Relocate flush mechanism 7/1/01 7/1/02

29 Pier 1A Shed - West Comfort Station

PAPER TOWEL DISPENSER

Relocate dispenser 7/1/01 7/1/02

30 Pier 1A Shed - West Comfort Station

TOILET STALLS Provide minimum clear-ances

7/1/01 7/1/02

31 Pier 1A Shed - West Comfort Station

WATER CLOSET Provide minimum clear-ances

7/1/01 7/1/02

32 Pier 1A Shed - West Comfort Station

WATER CLOSET Replace seat 7/1/01 7/1/02

33 Pier 1A Shed - West Comfort Station

GRAB BARS Install grab bars 7/1/01 7/1/02

34 Pier 1A Shed - West Comfort Station

TOILET PAPER DIS-PENSER

Provide accessible dispenser

7/1/01 7/1/02

35 Pier 1A Shed - West Comfort Station

WATER CLOSET Lower flush mechanism 7/1/01 7/1/02

4 — H — 16

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

37 Pier 1A Shed - West Comfort Station

CLEAR FLOOR SPACE

Provide minimum clear-ances

7/1/01 7/1/02

38 Passenger Lounge (Exterior)

CLEAR FLOOR SPACE

Provide minimum clear-ances

7/1/00 7/1/01

39 Passenger Lounge (Exterior)

SIGNAGE Provide accessible sign-age

7/1/00 7/1/01

40 Passenger Lounge SIGNAGE Provide tactile/braile sign-age

7/1/00 7/1/01

41 Passenger Lounge DOORS Provide level landing 7/1/00 7/1/01

42 Passenger Lounge SIGNAGE Provide accessible sign-age

7/1/00 7/1/01

43 Passenger Lounge TELEPHONE N/A N/A N/A

44 Passenger Lounge TELEPHONE Contact telephone pro-vider

7/1/00 7/1/01

45 McCabe Hamilton Renny

COUNTER N/A N/A N/A

46 McCabe Hamilton Renny

CASH REGISTER COUNTER

N/A N/A N/A

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Con-struction Completion Date

1 Sealand Restroom SIGNAGE Provide tactile/braile signage

7/1/99 7/1/00

2 Sealand Restroom THRESHOLD Bevel threshold 7/1/99 7/1/00

3 Sealand Restroom DOOR HARDWARE Provide accessible hardware

7/1/99 7/1/00

4 Sealand Restroom DOORS Provide accessible door 7/1/99 7/1/00

5 Sealand Restroom FAUCETS Provide accessible faucets

7/1/99 7/1/00

6 Sealand Restroom PLUMBING INSULATION

Insulate plumbing 7/1/99 7/1/00

7 Sealand Restroom PAPER TOWEL DISPENSER

Relocate dispenser 7/1/99 7/1/00

Maui: Pier 2Shed

8 Sealand Restroom URINALS Replace urinal 7/1/99 7/1/00

4 — H — 17

Seq No. Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

9 Sealand Restroom URINALS Replace urinal 7/1/99 7/1/00 10 Sealand Restroom URINALS Replace urinal 7/1/99 7/1/00 11 Sealand Restroom URINALS Replace urinal 7/1/99 7/1/00 12 Sealand Restroom TOILET STALLS Provide minimum

clearances 7/1/99 7/1/00

13 Sealand Restroom WATER CLOSET Relocate water closet

7/1/99 7/1/00

14 Sealand Restroom GRAB BARS Install grab bars 7/1/99 7/1/00 15 Sealand Restroom TOILET PAPER

DISPENSER Relocate dispenser 7/1/99 7/1/00

16 Sealand Office HANDRAILS Provide accessible handrails

7/1/99 7/1/00

17 Sealand Office DOOR HARDWARE Provide accessible door hardware

7/1/99 7/1/00

18 Young Brothers PARKING Provide van accessible parking

7/1/99 7/1/00

19 Young Brothers SIGNAGE Provide accessible signage

7/1/99 7/1/00

20 Young Brothers RAMPS Construct ramp 7/1/99 7/1/00 21 Young Brothers HANDRAILS Provide accessible

handrails 7/1/99 7/1/00

22 Young Brothers TOILET ROOMS Provide minimum clearances

7/1/99 7/1/00

23 Young Brothers WATER FOUNTAIN Provide cup dispenser

7/1/99 7/1/00

24 Young Brothers WATER FOUNTAIN Provide cup dispenser

7/1/99 7/1/00

25 Young Brothers CASH REGISTER COUNTER

N/A N/A N/A

Kaunakakai Harbor Seq No. Location Element Description Requirement Est.

Design Completion Date

Est. Construction Completion Date

1 Parking Lot PARKING Provide accessible parking

7/1/99 7/1/00

2 Parking Lot PARKING Provide van accessible parking

7/1/99 7/1/00

3 Parking Lot SIGNAGE Provide accessible signage

7/1/99 7/1/00

4 Parking Lot SIGNAGE Provide accessible signage

7/1/99 7/1/00

5 Young Brothers Trailer Office

ROUTE TO ENTRANCE Modify ramp 7/1/01 7/1/02

6 Young Brothers Trailer Office

STAIRS Stair risers must be closed

7/1/01 7/1/02

7 Young Brothers Trailer Office

HANDRAILS Provide accessible handrails

7/1/01 7/1/02

4 — H — 18

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

8 Young Brothers Trailer Office

COUNTER Provide accessible counter 7/1/01 7/1/02

9 Pier Shed ROUTE TO ENTRANCE N/A N/A N/A

18 Ferry Terminal PARKING Provide accessible parking

7/1/99 7/1/00

19 Ferry Terminal PARKING Provide van accessible parking

7/1/99 7/1/00

20 Ferry Terminal SIGNAGE Provide accessible signage 7/1/99 7/1/00

21 Ferry Terminal SIGNAGE Provide accessible signage 7/1/99 7/1/00

Hawaii: Harbors Division Office-Hilo

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Harbors Office - Parking Lot

ROUTE TO ENTRANCE Exterior routes comply N/A N/A

2 Harbors Office - Parking Lot

PARKING Provide accessible parking 7/1/99 7/1/00

3 Harbors Office - Parking Lot

PARKING Provide accessible parking 7/1/99 7/1/00

4 Harbors Office - Parking Lot

SIGNAGE Relocate signs 7/1/99 7/1/00

5 Harbors Office - Parking Lot

SIGNAGE Provide additional signs 7/1/99 7/1/00

6 Harbors Office - Parking Lot

SIGNAGE Provide additional signs 7/1/99 7/1/00

7 Harbors Office - Route to Office

ROUTE TO ENTRANCE N/A N/A N/A

13 Harbors Office - Lobby

COUNTER Provide accessible counter 7/1/00 7/1/01

4 — H — 19

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Radio Bay Parking

PARKING Provide accessible parking

7/1/99 7/1/00

2 Radio Bay Parking

PARKING Provide accessible parking 7/1/99 7/1/00

3 Radio Bay Parking

PARKING Provide accessible signs 7/1/99 7/1/00

4 Radio Bay Parking

PARKING Provide accessible signs 7/1/99 7/1/00

5 Radio Bay Route to Restrooms

CURB RAMPS Reconfigure curb ramp 7/1/01 7/1/02

6 Radio Bay Restroom - Men's

DOORS Provide level landing 7/1/01 7/1/02

7 Radio Bay Restroom - Men's

SIGNAGE Provide tactile/braile signage 7/1/01 7/1/02

8 Radio Bay Restroom - Men's

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

9 Radio Bay Restroom - Men's

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

10 Radio Bay Restroom - Men's

LAVATORIES Lower lavatory 7/1/01 7/1/02

11 Radio Bay Restroom - Men's

PLUMBING INSULATION

Insulate plumbing 7/1/01 7/1/02

12 Radio Bay Restroom - Men's

MIRROR Lower mirror 7/1/01 7/1/02

13 Radio Bay Restroom - Men's

PAPER TOWEL DISPENSER

Relocate paper towel dispenser

7/1/01 7/1/02

14 Radio Bay Restroom - Men's

URINALS Replace urinal 7/1/01 7/1/02

15 Radio Bay Restroom - Men's

URINALS Replace urinal 7/1/01 7/1/02

16 Radio Bay Restroom - Men's

URINALS Replace urinal 7/1/01 7/1/02

17 Radio Bay Restroom - Men's

TOILET STALLS Provide accessible stall 7/1/01 7/1/02

18 Radio Bay Restroom - Men's

GRAB BARS Replace grab bars 7/1/01 7/1/02

19 Radio Bay Restroom - Men's

WATER CLOSET Relocate water closet 7/1/01 7/1/02

Hawaii: Radio Bay Comfort Station

4 — H — 20

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

21 Radio Bay Restroom - Men's

SHOWER STALLS Reconfigure shower stall 7/1/01 7/1/02

22 Radio Bay Restroom - Men's

SHOWER STALLS Lower shower stall curb 7/1/01 7/1/02

23 Radio Bay Restroom - Men's

FAUCETS Replace faucets 7/1/01 7/1/02

24 Radio Bay Restroom - Men's

SHOWER STALLS Provide shower spray unit

7/1/01 7/1/02

25 Radio Bay Restroom - Men's

SHOWER SEAT Provide accessible shower stall seat

7/1/01 7/1/02

26 Radio Bay Restroom - Men's

GRAB BARS Provide accessible grab bar

7/1/01 7/1/02

27 Radio Bay Restroom - Men's

COAT HOOK Relocate coat hook 7/1/01 7/1/02

28 Radio Bay Restroom - Women's

DOORS Provide level landing 7/1/01 7/1/02

29 Radio Bay Restroom - Women's

SIGNAGE Provide tactile/braile signage

7/1/01 7/1/02

30 Radio Bay Restroom - Women's

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

31 Radio Bay Restroom - Women's

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

32 Radio Bay Restroom - Women's

LAVATORIES Lower lavatory 7/1/01 7/1/02

33 Radio Bay Restroom - Women's

PLUMBING INSULATION

Insulate plumbing 7/1/01 7/1/02

34 Radio Bay Restroom - Women's

CLASS ROOMS Replace faucets 7/1/01 7/1/02

35 Radio Bay Restroom - Women's

MIRROR Lower mirror 7/1/01 7/1/02

36 Radio Bay Restroom - Women's

TOILET STALLS Provide accessible stall 7/1/01 7/1/02

37 Radio Bay Restroom - Women's

GRAB BARS Replace grab bars 7/1/01 7/1/02

38 Radio Bay Restroom - Women's

WATER CLOSET Relocate water closet 7/1/01 7/1/02

39 Radio Bay Restroom - Women's

WATER CLOSET Provide accessible seat 7/1/01 7/1/02

20 Radio Bay Restroom - Men's

WATER CLOSET Provide accessible seat 7/1/01 7/1/02

4 — H — 21

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

41 Radio Bay Restroom - Women's

SHOWER STALLS Lower shower stall curb 7/1/01 7/1/02

42 Radio Bay Restroom - Women's

FAUCETS Replace faucets 7/1/01 7/1/02

43 Radio Bay Restroom - Women's

SHOWER STALLS Provide shower spray unit

7/1/01 7/1/02

44 Radio Bay Restroom - Women's

SHOWER SEAT Provide accessible shower stall seat

7/1/01 7/1/02

45 Radio Bay Restroom - Women's

COAT HOOK Relocate coat hook 7/1/01 7/1/02

46 Radio Bay Patio TABLES Provide accessible table 7/1/01 7/1/02

Hawaii: Pier 1 Shed

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Pier 1 Shed Parking Lot PARKING Provide accessible parking

7/1/99 7/1/00

2 Pier 1 Shed Parking Lot SIGNAGE Provide accessible signs 7/1/99 7/1/00

3 Pier 1 Shed Parking Lot PARKING Provide accessible parking

7/1/99 7/1/00

4 Pier 1 Shed Parking Lot PARKING Provide accessible signs 7/1/99 7/1/00

5 Pier 1 Shed Parking Lot PARKING Provide accessible signs 7/1/99 7/1/00

6 Pier 1 Shed Passenger Lounge

SIGNAGE Provide tactile/braile signage

7/1/99 7/1/00

7 Pier 1 Shed Passenger Lounge

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

8 Pier 1 Shed Passenger Lounge

THRESHOLD Bevel threshold 7/1/01 7/1/02

9 Pier 1 Shed Passenger Lounge

OPERATING CONTROLS

Relocate box 7/1/01 7/1/02

10 Pier 1 Shed Passenger Lounge

TELEPHONE Contact telephone provider

7/1/01 7/1/02

11 Pier 1 Restroom - Unisex (Exterior)

SIGNAGE N/A N/A N/A

40 Radio Bay Restroom - Women's

SHOWER STALLS Reconfigure shower stall 7/1/01 7/1/02

4 — H — 22

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

12 Pier 1 Restroom - Unisex (Exterior)

DOOR HARDWARE Install accessible deadbolt

7/1/01 7/1/02

13 Pier 1 Restroom - Unisex (Exterior)

PLUMBING INSULA-TION

Insulate plumbing 7/1/01 7/1/02

14 Pier 1 Restroom - Unisex (Exterior)

MIRROR Lower mirror 7/1/01 7/1/02

15 Pier 1 Shed Inte-rior

TELEPHONE Contact telephone provider 7/1/01 7/1/02

16 Pier 1 Shed Inte-rior

TELEPHONE Contact telephone provider 7/1/01 7/1/02

17 Pier 1 Pass. Lounge - Int. Ent.

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

18 Pier 1 Pass. Lounge - Int. Ent.

THRESHOLD Bevel threshold 7/1/01 7/1/02

19 Pier 1 Shed Inte-rior

WATER FOUNTAINS Provide cup dispenser 7/1/01 7/1/02

20 Pier 1 Shed Inte-rior

WATER FOUNTAINS Provide cup dispenser 7/1/01 7/1/02

21 Pier 1 Restroom - Men's - Interior

PLUMBING INSULATION

Insulate plumbing 7/1/01 7/1/02

22 Pier 1 Restroom - Men's - Interior

TOILET PAPER DISPENSER

Install accessible toilet pa-per dispenser

7/1/01 7/1/02

23 Pier 1 Matson Navigation Co.

SIGNAGE Provide tactile/braile sign-age

7/1/01 7/1/02

24 Pier 1 Matson Navigation Co.

DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

25 Pier 1 Matson Navigation Co.

THRESHOLD Bevel threshold 7/1/01 7/1/02

26 Pier 1 Matson Navigation Co.

COUNTER Provide auxiliary counter 7/1/01 7/1/02

27 Pier 1 Matson Navigation Co.

SIGNAGE Provide tactile/braile sign-age

7/1/01 7/1/02

28 Pier 1 Matson Navigation Co.

PROTRUDING OBJECT

Remove or relocate pro-truding object

7/1/01 7/1/02

29 Pier 1 Sea Land SIGNAGE Provide tactile/braile sign-age

7/1/01 7/1/02

30 Pier 1 Sea Land DOOR HARDWARE Provide accessible door hardware

7/1/01 7/1/02

31 Pier 1 Sea Land DOORS Provice level landing 7/1/01 7/1/02

4 — H — 23

Hawaii: Pier 2 Shed

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Pier 2 Parking PARKING Provide accessible parking 7/1/99 7/1/00

2 Pier 2 Parking SIGNAGE Provide accessible signs 7/1/99 7/1/00

3 Pier 2 Parking SIGNAGE Provide accessible signs 7/1/99 7/1/00

4 Pier 2 Young Brothers Office

RAMPS Construct Ramp 7/1/01 7/1/02

5 Pier 2 Young Brothers Office

STAIRS Close risers 7/1/01 7/1/02

6 Pier 2 Young Brothers Office

HANDRAILS Provide accessible handrails

7/1/01 7/1/02

7 Pier 2 Young Brothers Office

COUNTER Provide accessible counter 7/1/01 7/1/02

8 Pier 2 Young Brothers Clerk Station

Minimum Require-ments

Provide Minimum Requirements

7/1/01 7/1/02

Kauai: Nawiliwili Pier 2 Shed

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Pier 2 Shed Outside - Men's

SIGNAGE Relocate signage 7/1/99 7/1/00

2 Pier 2 Shed Outside - Men's

PLUMBING INSULATION

Insulate plumbing 7/1/99 7/1/00

3 Pier 2 Shed Outside - Men's

URINALS Relocate flush mechanism 7/1/99 7/1/00

4 Pier 2 Shed Outside - Men's

CLEAR FLOOR SPACE

Relocate water closet 7/1/99 7/1/00

5 Pier 2 Shed Outside - Men's

WATER CLOSET Relocate water closet 7/1/99 7/1/00

6 Pier 2 Shed Outside - Men's

WATER CLOSET Replace seat 7/1/99 7/1/00

7 Pier 2 Shed Outside - Men's

GRAB BARS Install accessible grab bars 7/1/99 7/1/00

8 Pier 2 Shed Outside - Women's

SIGNAGE Relocate signage 7/1/99 7/1/00

9 Pier 2 Shed Outside - Women's

PLUMBING INSULATION

Insulate plumbing 7/1/99 7/1/00

4 — H — 24

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

10 Pier 2 Shed Outside - Women's

WATER CLOSET Relocate water closet 7/1/99 7/1/00

11 Pier 2 Shed Outside - Women's

WATER CLOSET Replace seat 7/1/99 7/1/00

12 Pier 2 Shed Outside - Women's

WATER CLOSET Relocate flush mechanism 7/1/99 7/1/00

13 Pier 2 Shed Outside - Women's

WATER FOUNTAINS Provide cup dispenser 7/1/99 7/1/00

14 Pier 2 Shed Outside - Women's

WATER FOUNTAINS Provide cup dispenser 7/1/99 7/1/00

15 Pier 2 Shed - Parking Lot

PARKING Provide accessible parking 7/1/99 7/1/00

16 Pier 2 Shed - Parking Lot

PARKING Provide van accessible parking

7/1/99 7/1/00

17 Pier 2 Shed - Parking Lot

SIGNAGE Relocate signage 7/1/99 7/1/00

18 Pier 2 Shed - Parking Lot

SIGNAGE Provide accessible signage

7/1/99 7/1/00

19 Pier 2 Shed - Kalapaki End

TELEPHONE Contact telephone provider

7/1/99 7/1/00

20 Pier 2 Shed - Passenger Lounge

TELEPHONE Contact telephone provider

7/1/99 7/1/00

21 Pier 2 Shed - Passenger Lounge

TELEPHONE Contact telephone pro-vider

7/1/99 7/1/00

22 Pier 2 Shed - Passenger Lounge

CLEAR FLOOR SPACE

Provide clear floor space 7/1/99 7/1/00

23 Pier 2 Inside - Route to Restrooms

HANDRAILS Provide accessible handrails

7/1/00 7/1/01

24 Pier 2 Shed Inside Restroom

SIGNAGE Relocate signage 7/1/00 7/1/01

25 Pier 2 Shed Inside - Women's

SIGNAGE Relocate signage 7/1/00 7/1/01

26 Pier 2 Shed Inside - Women's

PLUMBING INSULA-TION

Insulate plumbing 7/1/00 7/1/01

27 Pier 2 Shed Inside - Women's

MIRROR Lower mirror 7/1/00 7/1/01

28 Pier 2 Shed Inside - Women's

NAPKIN DIS-PENSER

Replace napkin dispenser 7/1/00 7/1/01

29 Pier 2 Shed Inside - Women's

TOILET STALLS Provide minimum clearances

7/1/00 7/1/01

4 — H — 25

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

30 Pier 2 Shed Inside - Women's

WATER CLOSET Relocate water closet 7/1/00 7/1/01

31 Pier 2 Shed Inside - Men's

SIGNAGE Relocate signage 7/1/00 7/1/01

32 Pier 2 Shed Inside - Men's

PLUMBING INSULA-TION

Insulate plumbing 7/1/00 7/1/01

33 Pier 2 Shed Inside - Men's

MIRROR Lower mirror 7/1/00 7/1/01

34 Pier 2 Shed Inside - Men's

URINALS N/A N/A N/A

35 Pier 2 Shed Inside - Men's

TOILET STALLS Provide minimum clearances

7/1/00 7/1/01

36 Pier 2 Shed Inside - Men's

WATER CLOSET Relocate water closet 7/1/00 7/1/01

37 Pier 2 Shed - Matson Freight Office

SIGNAGE Provide tactile/braile signage

7/1/01 7/1/02

38 Pier 2 Shed - Matson Freight Office

THRESHOLD Bevel threshold 7/1/01 7/1/02

39 Pier 2 Shed - Matson Freight Office

COUNTER Provide accessible counter

7/1/01 7/1/02

40 Pier 2 Shed - Matson Freight Office

WATER FOUNTAINS Provide cup dispenser 7/1/01 7/1/02

41 Pier 2 Shed - Matson Freight Office

WATER FOUNTAINS Provide cup dispenser 7/1/01 7/1/02

Kauai: Pier 3 Shed

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Pier 3 Shed - Cus-tomer Parking

PARKING Provide van accessible parking

7/1/99 7/1/00

2 Pier 3 Shed - Cus-tomer Parking

SIGNAGE Provide accessible sign-age

7/1/99 7/1/00

3 Pier 3 Shed - Cus-tomer Parking

SIGNAGE Provide accessible sign-age

7/1/99 7/1/00

4 Pier 3 Shed - YB/Sealand Parking

PARKING Provide accessible park-ing

7/1/99 7/1/00

5 Pier 3 Shed - YB/Sealand Parking

PARKING Provide van accessible parking

7/1/99 7/1/00

4 — H — 26

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

6 Pier 3 Shed - YB/Sealand Parking

SIGNAGE Provide accessible signage 7/1/99 7/1/00

7 Pier 3 Shed - YB/Sealand Parking

SIGNAGE Provide accessible signage 7/1/99 7/1/00

8 Pier 3 Shed - YB/Sealand Parking

ROUTE TO EN-TRANCE

Modify ramp 7/1/01 7/1/02

9 Pier 3 Shed - YB/Sealand Parking

STAIRS Close risers on stairs 7/1/01 7/1/02

10 Pier 3 Shed - YB/Sealand Parking

HANDRAILS Provide accessible handrails 7/1/01 7/1/02

11 Pier 3 Shed - YB/Sealand Parking

TELEPHONE Contact telephone provider 7/1/01 7/1/02

12 Pier 3 Shed - YB/Sealand Parking

TELEPHONE Contact telephone provider 7/1/01 7/1/02

13 Pier 3 Shed - YB/Sealand Parking

COUNTER Provide accessible counter 7/1/01 7/1/02

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

1 Pier Shed - Parking Lot

PARKING Provide van accessible park-ing

7/1/99 7/1/00

2 Pier Shed - Parking Lot

PARKING Provide accessible parking 7/1/99 7/1/00

3 Pier Shed - Parking Lot

PARKING Provide accessible parking 7/1/99 7/1/00

4 Pier Shed - Parking Lot

SIGNAGE Relocate signage 7/1/99 7/1/00

5 Pier Shed - Parking Lot

PARKING Provide additional signage 7/1/99 7/1/00

6 Pier Shed - Parking Lot

PARKING Provide additional signage 7/1/99 7/1/00

7 Pier Shed - Shed Entrance

SIGNAGE Provide tactile/braile signage 7/1/99 7/1/00

8 Pier Shed - Shed Entrance

DOOR HARDWARE Provide accessible door hardware

7/1/00 7/1/01

Kauai: Port Allen

4 — H — 27

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

9 Pier Shed - Shed Entrance

SIGNAGE Provide tactile/braile signage 7/1/00 7/1/01

10 Pier Shed - Shed Entrance

WATER FOUNTAINS Provide cup dispenser 7/1/00 7/1/01

12 Pier Shed - Harbor Master's Office

CONNECTING WALKS/RAMPS

Provide accessible route 7/1/00 7/1/01

13 Pier Shed - Harbor Master's Office

SIGNAGE Provide tactile/braile signage 7/1/00 7/1/01

14 Pier Shed - Harbor Master's Office

DOOR HARDWARE Provide accessible door hard-ware

7/1/00 7/1/01

15 Pier Shed - Harbor Master's Office

THRESHOLD Bevel threshold 7/1/00 7/1/01

16 Pier Shed - Harbor Master's Office

SURFACES Provide tactile/braile signage 7/1/00 7/1/01

17 Pier Shed - Restroom - Office

SURFACES Provide tactile/braile signage 7/1/00 7/1/01

18 Pier Shed - Restroom - Office

DOOR HARDWARE Provide accessible door hard-ware

7/1/00 7/1/01

19 Pier Shed - Restroom - Office

CLEAR FLOOR SPACE

Provide clear floor space 7/1/00 7/1/01

20 Pier Shed - Restroom - Office

LAVATORIES Lower lavatory 7/1/00 7/1/01

21 Pier Shed - Restroom - Office

LAVATORIES Replace sink 7/1/00 7/1/01

22 Pier Shed - Restroom - Office

FAUCETS Provide accessible faucets 7/1/00 7/1/01

23 Pier Shed - Restroom - Office

MIRROR Lower mirror 7/1/00 7/1/01

24 Pier Shed - Restroom - Office

WATER CLOSET Relocate water closet 7/1/00 7/1/01

4 — H — 28

Seq No.

Location Element Description Requirement Est. Design Completion Date

Est. Construction Completion Date

25 Pier Shed - Rest-room - Office

WATER CLOSET Replace seat 7/1/00 7/1/01

26 Pier Shed - Rest-room - Office

GRAB BARS Install accessible grab bars 7/1/00 7/1/01

27 Pier Shed - Rest-room - Office

TOILET PAPER DISPENSER

Relocate toilet paper dispenser

7/1/00 7/1/01

42 Fumigation Shed - Parking Lot

PARKING Provide accessible parking 7/1/01 7/1/02

43 Fumigation Shed - Parking Lot

PARKING Provide van accessible parking

7/1/01 7/1/02

44 Fumigation Shed - Parking Lot

SIGNAGE Provide accessible signage 7/1/01 7/1/02

45 Fumigation Shed - Parking Lot

SIGNAGE Provide accessible signage 7/1/01 7/1/02

46 Fumigation Shed - Parking Lot

PARKING Relocate to level area 7/1/01 7/1/02

Priority 2 The following facilities with architectural barriers will be removed no later than July 2005.

Seq No. Location

1 Honolulu Harbor

2 Barbers Point Harbor

3 Kewalo Basin

4 Kahului Harbor

5 Kaunakakai Harbor

6 Hilo Harbor

7 Kawaihae Harbor

8 Nawiliwili Harbor

9 Port Allen Harbor

4 — H — 29

HIGHWAYS DIVISION TRANSITION PLAN

General:

In order to ensure programmatic accessibility, all architectural barriers identified below in Priority 1 will be removed as expeditiously as possible, but no later than July 2002. All other identified areas in Priority 2 will be removed no later than July 2005. Method:

The method by which each of the corrective measures will be addressed is for each to be programmed in either the Operating or Capital Project budgets.

Requirements:

The Requirements for these location listed is the same: Provide A Curb Ramp In Compliance With DOT Guidelines. These locations are considered Priority 1 because they do not have curb ramps pro-vided. Note: A majority of the items are part of a larger alteration project & and exact dates for specific curb rams are within the time frame of the larger project listed.

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

1 Ala Moana & Ala Moana Mall Intersection 6/99 6/02

2 Ala Moana - Ilikai Hotel Exit 6/99 6/02

3 Ala Moana - Ilikai Hotel Exit 6/99 6/02

4 Ala Moana - Ilikai Hotel Exit 6/99 6/02

5 Ala Moana - Ilikai Hotel Exit 6/99 6/02

6 Bougainville & Navy Hale Faculty Parking 6/99 6/02

7 Bougainville & Navy Faculty Parking 6/01 6/02

8 Farrington & Kahualii Street 6/01 6/02

9 Farrington & Kahualii Street 6/01 6/02

10 Farrington & Paiwa Street 1/99 1/01

11 Farrington & Paiwa Street 1/99 1/01

12 Farrington & Paiwa Street 1/99 1/01

13 Farrington & Paiwa Street 1/99 1/01

14 Farrington & Paiwa Street 1/99 1/01

15 Farrington & Awanui Street 1/99 1/01

16 Farrington & Kahuamoku Street 1/99 1/01

17 Farrington & Kahuamoku Street 1/99 1/01

18 Farrington & Awamoku Street 1/99 1/01

19 Farrington & Moloalo Street and Bridge 1/99 1/01

20 Farrington & Animal Clinic Waipahu 1/99 1/01

21 Farrington & Animal Clinic Waipahu 1/99 1/01

4 — H — 30

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

22 Farrington & Times Supermarket Exit 1/99 1/01

23 Farrington & Times Supermarket Exit 1/99 1/01

24 Farrington & Times Supermarket Entrance 1/99 1/01

25 Farrington & Times Supermarket Entrance 1/99 1/01

26 Farrington & Waipahu Depot Road 1/99 1/01

27 Farrington & Waipahu Depot Road 1/99 1/01

28 Farrington & Waipahu Depot Road 1/99 1/01

29 Farrington & Pahu Street 1/99 1/01

30 Farrington & Hanawai Circle 1/99 1/01

31 Farrington & Hanawai Circle 1/99 1/01

32 Farrington & Waipahu Oriental Market 1/99 1/01

33 Farrington & Waipahu Oriental Market 1/99 1/01

34 Farrington & Waipahu Oriental Market Exit 1/99 1/01

35 Farrington & Waipahu Oriental Market Exit 1/99 1/01

36 Farrington & Makamaka Place 1/99 1/01

37 Farrington & Makamaka Place 1/99 1/01

38 Farrington & Aniani Road 1/99 1/01

39 Farrington & Aniani Road 1/99 1/01

40 Farrington & Aniani Road 1/99 1/01

41 Farrington & Aniani Road 1/99 1/01

42 Farrington & Waikele Road 1/99 1/01

43 Farrington & Waipahu Intermediate School 1/99 1/01

44 Farrington & Waipahu Intermediate School 1/99 1/01

45 Farrington & Waikele Road 1/99 1/01

46 Farrington & Waikele Road 1/99 1/01

47 Farrington & Barbers Point Kentucky Fried Chicken 6/01 6/02

48 Farrington & Maaloa Street * 6/00 6/05 *

49 Farrington & Maaloa Street * 6/00 6/05 *

50 Farrington & Auyong Homestead Road * 6/00 6/05 *

51 Farrington & Bayview Street * 6/00 6/05 *

52 Farrington & Uluwehi Street * 6/00 6/05 *

53 Farrington & Alawa Place * 6/00 6/05 *

54 Farrington & Wailua High School Crosswalk 6/01 6/02

4 — H — 31

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

55 Farrington & Wailua High School Crosswalk 6/01 6/02

56 Fort Weaver & Kimopelekane Street 6/00 6/02

57 Fort Weaver & Pohakupuna Road 6/00 6/02

58 Fort Weaver & Parish Drive 6/00 6/02

59 Kalanianaole & Castle Junction 6/01 6/02

60 Kalanianaole & Crosswalk 6/01 6/02

61 Kalanianaole & Waa Street 12/99 12/01

62 Kalanianaole & Waa Street 12/99 12/01

63 Kalanianaole & Waa Street 12/99 12/01

64 Kalanianaole & Analii Street 12/99 12/01

65 Kalanianaole & Analii Street 12/99 12/01

66 Kalanianaole & Analii Street 12/99 12/01

67 Kalanianaole & Analii Street 12/99 12/01

68 Kalanianaole & Analii Street 12/99 12/01

69 Kalanianaole & Analii Street 12/99 12/01

70 Kalanianaole & Power Company Access Way 12/99 12/01

71 Kalanianaole & Power Company Access Way 12/99 12/01

72 Kalanianaole & Power Company Access Way 12/99 12/01

73 Kalanianaole & Power Company Access Way 12/99 12/01

74 Kalanianaole & Hawaii Kai Entrance to Kalani High School 12/99 12/01

75 Kalanianaole & Hawaii Kai Entrance to Kalani High School 12/99 12/01

76 Kalanianaole & Hawaii Kai Entrance to Kalani High School 12/99 12/01

77 Kalanianaole & Hawaii Kai Entrance to Kalani High School 12/99 12/01

78 Kalanianaole & Access to Meters in front of Kalani High 12/99 12/01

79 Kalanianaole & Access to Meters in front of Kalani High 12/99 12/01

80 Kalanianaole & Access to Meters in front of Kalani High 12/99 12/01

81 Kalanianaole & Access to Meters in front of Kalani High 12/99 12/01

82 Kalanianaole & 4576 Kalanianaole Highway 12/99 12/01

83 Kalanianaole & 4576 Kalanianaole Highway 12/99 12/01

84 Kalanianaole & 4568 Kalanianaole Highway 12/99 12/01

85 Kalanianaole & 4568 Kalanianaole Highway 12/99 12/01

86 Kalanianaole & 4564 Kalanianaole Highway 12/99 12/01

87 Kalanianaole & 4564 Kalanianaole Highway 12/99 12/01

4 — H — 32

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

88 Kalanianaole & 4558 Kalanianaole Highway 12/99 12/01

89 Kalanianaole & 4558 Kalanianaole Highway 12/99 12/01

90 Kalanianaole & Access Road 12/99 12/01

91 Kalanianaole & Access Road 12/99 12/01

92 Kalanianaole & 4540 Kalanianaole Highway 12/99 12/01

93 Kalanianaole & 4540 Kalanianaole Highway 12/99 12/01

94 Kalihi & Kalakaua Intermediate School Entrance 12/99 12/01

95 Kalihi & King Street 6/01 6/02

96 Kamehameha & Island Auto Exchange 6/01 6/02

97 Kamehameha & Island Auto Exchange 2/99 2/01

98 Kamehameha & Napa Auto Parts 2/99 2/01

99 Kamehameha & Napa Auto Parts 2/99 2/01

100 Kamehameha & Wally's Auto Entrance 2/99 2/01

101 Kamehameha & Wally's Auto Entrance 2/99 2/01

102 Kamehameha & Wally's Auto Exit 2/99 2/01

103 Kamehameha & Wally's Auto Exit 2/99 2/01

104 Kamehameha & Steven's Towing 2/99 2/01

105 Kamehameha & Steven's Towing 2/99 2/01

106 Kamehameha & VIP Car Rentals 2/99 2/01

107 Kamehameha & VIP Car Rentals 2/99 2/01

108 Kamehameha & McGrew Loop 2/99 2/01

109 Kamehameha Highway & Ridgeway Motors 2/99 2/01

110 Kamehameha Highway & Ridgeway Motors 2/99 2/01

111 Kamehameha Highway & Ridgeway Motors 2/99 2/01

112 Kamehameha Highway & Ridgeway Motors 2/99 2/01

113 Kamehameha Highway & Fahrni Realty 2/99 2/01

114 Kamehameha Highway & Fahrni Realty 2/99 2/01

115 Kamehameha Highway & Pali Momi Street 2/99 2/01

116 Kamehameha Highway & Pali Momi Street 2/99 2/01

117 Kamehameha Highway & Pali Momi Street 2/99 2/01

118 Kamehameha Highway & Pali Momi Street 2/99 2/01

119 Kamehameha & Pali Momi Street Entrance 2/99 2/01

120 Kamehameha & Pali Momi Street Entrance 2/99 2/01

4 — H — 33

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

121 Kamehameha & Pearl Ridge Shopping Center 2/99 2/01

122 Kamehameha & Pearl Ridge Shopping Center 2/99 2/01

123 Kamehameha & Pearl Ridge Shopping Center Bus Stop 2/99 2/01

124 Kamehameha & Pearl Ridge Shopping Center Bus Stop 2/99 2/01

125 Kamehameha & Pearl Ridge Shopping Center (Sears Exit) 2/99 2/01

126 Kamehameha & Pearl Ridge Shopping Center (Sears Exit) 2/99 2/01

127 Kamehameha & Sumida Farm (160) 2/99 2/01

128 Kamehameha & Sumida Farm (160) 2/99 2/01

129 Kamehameha & Bravo Restaurant 2/99 2/01

130 Kamehameha & Bravo Restaurant 2/99 2/01

131 Kamehameha & Kaonohi Street 2/99 2/01

132 Kamehameha & Kaonohi Street 2/99 2/01

133 Kamehameha & Shell Station Entrance 2/99 2/01

134 Kamehameha & Shell Station Entrance 2/99 2/01

135 Kamehameha & Shell Station Exit 2/99 2/01

136 Kamehameha & Shell Station Exit 2/99 2/01

137 Kamehameha & VW and Pacific Oldsmobile 2/99 2/01

138 Kamehameha & Chateau Blue Lounge 2/99 2/01

139 Kamehameha & Chateau Blue Lounge 2/99 2/01

140 Kamehameha & Service Station 2/99 2/01

141 Kamehameha & Service Station 2/99 2/01

142 Kamehameha & Honda Used Cars 2/99 2/01

143 Kamehameha & Honda Used Cars 2/99 2/01

144 Kamehameha & Hekaha Street 2/99 2/01

145 Kamehameha & Department of Waste Water Management 2/99 2/01

146 Kamehameha & Department of Waste Water Management 2/99 2/01

147 Kamehameha & Kaahumanu Street 2/99 2/01

148 Kamehameha & Kaahumanu Street 2/99 2/01

149 Kamehameha & Kaahumanu Street 2/99 2/01

150 Kamehameha & Kaahumanu Street 2/99 2/01

151 Kamehameha & Kaahumanu Street 2/99 2/01

152 Kamehameha & Hila Place 2/99 2/01

153 Kamehameha & Hila Place 2/99 2/01

4 — H — 34

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

154 Kamehameha & 98-370 Kamehameha Highway 2/99 2/01

155 Kamehameha & 98-370 Kamehameha Highway 2/99 2/01

156 Kamehameha & Taco Bell Entrance 2/99 2/01

157 Kamehameha & Jack in the Box 2/99 2/01

158 Kamehameha & Aaron's Dive Shop 2/99 2/01

159 Kamehameha & Aaron's Dive Shop 2/99 2/01

160 Kamehameha & Oahu Battery Sales and Serivces 2/99 2/01

161 Kamehameha & Oahu Battery Sales and Serivces 2/99 2/01

162 Kamehameha & Oahu Battery Sales and Serivces 2/99 2/01

163 Kamehameha & Genki Sushi 2/99 2/01

164 Kamehameha & Waiau Center 2/99 2/01

165 Kamehameha & Kuleana Street 2/99 2/01

166 Kamehameha & Kuleana Street 2/99 2/01

167 Kamehameha & Power Company Gate 2/99 2/01

168 Kamehameha & Power Company Gate 2/99 2/01

169 Kamehameha & Power Company Entrance 2/99 2/01

170 Kamehameha & Power Company Entrance 2/99 2/01

171 Kamehameha & Pearl City Glass Shop 2/99 2/01

172 Kamehameha & Sears 2/99 2/01

173 Kamehameha & Sears 2/99 2/01

174 Kamehameha & Pearl City Glass Shop 2/99 2/01

175 Kamehameha & Pearl City Service and Repair 2/99 2/01

176 Kamehameha & Pearl City Service and Repair 2/99 2/01

177 Kamehameha & Pearl City Credit Union 2/99 2/01

178 Kamehameha & Pearl City Credit Union 2/99 2/01

179 Kamehameha & Hawaii Taekwondo Academy 2/99 2/01

180 Kamehameha & Hawaii Taekwondo Academy 2/99 2/01

181 Kamehameha & Hawaii Taekwondo Academy 2/99 2/01

182 Kamehameha & Chevron Entrance 2/99 2/01

183 Kamehameha & Chevron Entrance 2/99 2/01

184 Kamehameha & Chevron 2/99 2/01

185 Kamehameha & Chevron 2/99 2/01

186 Kamehameha & Chevron and Pearl City Youth Complex 2/99 2/01

4 — H — 35

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

187 Kamehameha & Unocal 76 2/99 2/01

188 Kamehameha & Unocal 76 2/99 2/01

189 Kamehameha & Long's Drug Store 2/99 2/01

190 Kamehameha & Long's Drug Store 2/99 2/01

191 Kamehameha & Cutter Dodge Entrance 2/99 2/01

192 Kamehameha & Cutter Dodge Entrance 2/99 2/01

193 Kamehameha & Cutter Dodge Used Cars 2/99 2/01

194 Kamehameha & Cutter Dodge Used Cars 2/99 2/01

195 Kamehameha & Pali Golf Course and HPU 2/99 2/01

196 Kamehameha & Pali Golf Course and HPU 1/01 6/02

197 Kaneohe Bay & Puohala Street 1/01 6/02

198 Kaneohe Bay & Puohala Street 6/01 6/02

199 Kaneohe Bay & Castle High School Teacher Parking 6/01 6/02

200 Kaneohe Bay & Castle High School Teacher Parking 6/01 6/02

201 Kaneohe Bay & Castle High School Teacher Parking 6/01 6/02

202 Kaneohe Bay & Castle High School Teacher Parking 6/01 6/02

203 Kaneohe Bay & Mokulele Drive 6/01 6/02

204 Kaneohe Bay & Mokulele Drive 6/01 6/02

205 Kaneohe Bay & Bay Drive Market 6/01 6/02

206 Kaneohe Bay & Bay Drive Market 6/01 6/02

207 Kaneohe Bay & Mikiola Drive 6/01 6/02

208 Keeaumoku & Kinau Street 6/01 6/02

209 Keeaumoku & H1 On Ramps (Westbond) 6/01 6/02

210 Keeaumoku & H1 On Ramps (Westbond) 6/01 6/02

211 Koko Head & Pahoa Avenue 6/01 6/02

212 Koko Head & Pahoa Avenue 6/01 6/02

213 Koko Head & Pahoa Avenue 6/01 6/02

214 Koko Head & Pahoa Avenue 6/01 6/02

215 Koko Head & Pahoa Avenue 6/01 6/02

216 Koko Head & Pahoa Avenue 6/01 6/02

217 Koko Head & H1 Off Ramp 6/01 6/02

218 Koko Head & H1 Off Ramp 6/01 6/02

219 Koko Head & Harding Avenue 6/01 6/02

4 — H — 36

Location/Element Est. Design Completion

Date

Est. Complete Construction

Date

220 Kukahi & J and L Garage 6/01 6/02

221 Kukahi & J and L Garage 6/01 6/02

222 Kukahi & J and L Garage Entrance 6/01 6/02

223 Kukahi & J and L Garage Entrance 6/01 6/02

224 Kukahi & Unical 76 Exit 6/01 6/02

225 Kukahi & Unical 76 Exit 6/01 6/02

226 Lagoon & Koapaka Street 6/01 6/02

227 Lagoon & Koapaka Street 6/01 6/02

228 Lagoon & Koapaka Street 6/01 6/02

229 Lagoon & Koapaka Street 6/01 6/02

230 Lagoon & Koapaka Street 6/01 6/02

231 Lagoon & Koapaka Street 6/01 6/02

232 Lagoon & Koapaka Street 6/01 6/02

233 Lagoon & Koapaka Street 6/01 6/02

234 Likelike & Wilson Street 6/01 6/02

235 McCully & Beretania Street 6/01 6/02

236 McCully & Beretania Street 6/01 6/02

237 Middle & Dot Entrance 6/01 6/02

238 Middle & Moanalua Freeway Off Ramp (Eastbound) 6/01 6/02

239 Middle & Moanalua Freeway On Ramp (Westbound) 6/01 6/02

240 Nimitz & Bishop Street 6/01 6/02

241 Nimitz & Bishop Street 6/01 6/02

242 Nimitz & Pacific Street 6/01 6/02

243 Nimitz & 701-B Entrance 6/01 6/02

244 Nimitz & 701-B Entrance 6/01 6/02

245 Nimitz & Construction Entrance 6/01 6/02

246 Honokaa Town 6/01 6/02

* Item #246 indicate areas incorporated into the transition plan at the request of the public.

• These locations are covered by a project that is estimated to start 6/00, however, the project limits are from Nanakuli to Makaha. A project of this size will not be completed in 3 years and therefore these improve-ments will not fall within the 3-year Priority-1 time frame. The project should however meet the 6 year Prior-ity-2 deadline which is 6/05. Request from the public for curb ramps at one of these intersections will be handled on an expedited basis.

In addition to the above listed curb ramps, the following barrier removal have also been classified as Priority-1: Department of Transportation Building 869 Punchbowl St. Honolulu, HI

PRIORITY-2

1. Additional areas of inaccessibility as identified in the Barrier Identification Survey Reports will be removed no later than July 2005. A detailed listing of those facilities is available for review through the Departmental ADA Coordinator’s Office.

2. Areas identified in the surveys as providing access but not meeting the latest state standards will be

upgraded when a planned resurfacing or widening is performed on the roadway.

3. Buildings under the DOT’s jurisdiction: Oahu District, Maui District, Hawaii District, Hawaii MVSO, and

Kauai District will be brought into compliance by July 2005.

4 — H — 37

Element Requirement Est. Begin Construct

Est. End Construct

Front entrance is not accessible due to stairs

Provide signage directing users to accessible entrance at rear of building

1/01

6/02

Existing phone system in elevator is not accessible.

Provide phone system accessible to the hearing impaired.

1/01

6/02

The public restrooms are not accessible.

Provide one accessible bathroom for both sexes and include appropriate signage

1/01

6/02

TO: TRANSITION PLAN FILE

FROM: MICHAEL MEDEIROS, DOT ADA COORDINATOR

SUBJECT: REVISION TO TRANSITON PLAN

DATE: APRIL 16, 1999

CC:

Issue In the public comment process Mr. John Hartman requested that two areas on the island of Hawaii be looked at in terms of installing curb ramps under Priority-I status, Route 11 – Honalu to Captain Cook, and through Honokaa Town. Originally it was thought that the Honalu to Captain Cook area was under State jurisdiction and that Honokaa Town was County jurisdiction, therefore, curb ramps for Honalu to Captain Cook were added to the Priority-I list. However, the situation is reversed. Honokaa Town is State jurisdiction and Honalu to Captain Cook is County. The transition plan has been revised by adding Honokaa Town to the Highways Division’s Priority-I list and deleting the Honalu to Captain Cook section. Revision #1 (R-1) is hereby incorporated into the Department of Transportation’s transition plan.

TRANSITION PLAN NOTES, REVISIONS, & UPDATES

4 — H — 38

TO: FILE

FROM: MIKE MEDEIROS

SUBJECT: ADA TRANSITION PLAN

DATE: 5/14/99

CC:

Issue At the time that the survey was performed, Princeville Airport was under the DOT’s jurisdiction. However, as of January 1, 1999 it is a private airport, no longer under state control.

INTEROFFICE MEMORANDUM

4 — H — 39

4 — I — 1

ADA/504 AUTHORITIES

29 USC 794, et. Seq.—Section 504

Section 504 of the Rehabilitation Act of 1983, as amended, 29 USC 792 (“Section 504”), prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance. Section 504 confers primary responsibility for enforcement of its provisions on those Federal agencies extending financial assistance to the program or activity. § 794. Nondiscrimination under Federal grants and programs (a) Promulgation of rules and regulations: No otherwise qualified individual with a disability in the

United States, as defined in Section 705 (20) of this Title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this Section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.

(b) “Program or activity” defined: For the purposes of this Section, the term “program or activity” means all

of the operations of— (1)

(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or

(B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

(2) (A) a college, university, or other postsecondary institution, or a public system of higher

education; or (B) a local educational agency (as defined in Section 7801 of Title 20), system of vocational education, or other school system;

(3) (A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship—

(i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or

(B) the entire plant or other comparable, geographically separate facility to which Federal finan-cial assistance is extended, in the case of any other corporation, partnership, private organi-zation, or sole proprietorship; or

(4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3); any part of which is extended Federal financial assistance.

Section 504 of the Rehabilitation Act of 1983, as amended, 29 USC 792 (“Section 504”), prohibits discrimination on the basis of disability in any program or activity receiving Federal financial assistance. Section 504 confers primary responsibility for enforcement of its provisions on those Federal agencies extending financial assistance to the program or activity.

(c) Significant structural alterations by small providers: Small providers are not required by subsection (a) of this Section to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.

(d) Standards used in determining violation of Section: The standards used to determine whether this

Section has been violated in a complaint alleging employment discrimination under this Section shall be the standards applied under Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of Sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201–12204 and 12210), as such Sections relate to employment.

4 — I — 2

ADA/504 AUTHORITIES

42 USC 126

42 USC CHAPTER 126 - EQUAL OPPORTUNITIES FOR INDIVIDUALS WITH DISABILITIES

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES

Sec. 12101. Findings and purpose.

(a) Findings. (b) Purpose.

12102. Definitions. SUBCHAPTER I—EMPLOYMENT

12111. Definitions. 12112. Discrimination.

(a) General rule. (b) Construction. (c) Covered entities in foreign countries. (d) Medical examinations and inquiries.

12113. Defenses. (a) In general. (b) Qualification standards. (c) Religious entities. (d) List of infectious and communicable diseases.

12114. Illegal use of drugs and alcohol. (a) Qualified individual with a disability. (b) Rules of construction. (c) Authority of covered entity. (d) Drug testing. (e) Transportation employees.

12115. Posting notices. 12116. Regulations. 12117. Enforcement.

(a) Powers, remedies, and procedures. (b) Coordination.

SUBCHAPTER II—PUBLIC SERVICES PART A - PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY APPLICABLE PROVISIONS

12131. Definitions. 12132. Discrimination. 12133. Enforcement. 12134. Regulations.

(a) In general. (b) Relationship to other regulations. (c) Standards.

4 — I — 3

PART B - ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION PROVIDED BY PUBLIC ENTITIES CONSIDERED DISCRIMINATORY SUBPART I - PUBLIC TRANSPORTATION OTHER THAN BY AIRCRAFT OR CERTAIN RAIL OPERATIONS

12141. Definitions. (a) Purchase and lease of new vehicles.

(b) Purchase and lease of used vehicles. (c) Remanufactured vehicles.

12143. Paratransit as a complement to fixed route service. (a) General rule. (b) Issuance of regulations. (c) Required contents of regulations. (d) Review of plan. (e) "Discrimination" defined. (f) Statutory construction.

12144. Public entity operating a demand responsive system. 12145. Temporary relief where lifts are unavailable.

(a) Granting. (b) Duration and notice to Congress. (c) Fraudulent application.

12146. New facilities. 12147. Alterations of existing facilities.

(a) General rule. (b) Special rule for stations.

12148. Public transportation programs and activities in existing facilities and one car per train rule.

(a) Public transportation programs and activities in existing facilities. (b) One car per train rule.

12149. Regulations. (a) In general. (b) Standards.

12150. Interim accessibility requirements. SUBPART II - PUBLIC TRANSPORATION BY INTERCITY AND COMMUTER RAIL

12161. Definitions. 12162. Intercity and commuter rail actions considered discriminatory.

(a) Intercity rail transportation. (b) Commuter rail transportation. (c) Used rail cars. (d) Remanufactured rail cars. (e) Stations.

12163. Conformance of accessibility standards. 12164. Regulations. 12165. Interim accessibility requirements.

(a) Stations. (b) Rail passenger cars.

4 — I — 4

SUBCHAPTER III—PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES

12181. Definitions. 12182. Prohibition of discrimination by public accommodations.

(a) General rule. (b) Construction.

12183. New construction and alterations in public accommodations and commercial facilities.

(a) Application of term. (b) Elevator.

12184. Prohibition of discrimination in specified public transportation services provided by private entities.

(a) General rule. (b) Construction. (c) Historical or antiquated cars.

12185. Study. (a) Purposes. (b) Contents. (c) Advisory committee. (d) Deadline. (e) Review.

12186. Regulations. (a) Transportation provisions. (b) Other provisions. (c) Consistency with ATBCB guidelines. (d) Interim accessibility standards.

12187. Exemptions for private clubs and religious organizations. 12188. Enforcement.

(a) In general. (b) Enforcement by Attorney General.

12189. Examinations and courses. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS

12201. Construction. (a) In general. (b) Relationship to other laws. (c) Insurance. (d) Accommodations and services.

12202. State immunity. 12203. Prohibition against retaliation and coercion.

(a) Retaliation. (b) Interference, coercion, or intimidation. (c) Remedies and procedures.

12204. Regulations by Architectural and Transportation Barriers Compliance Board. (a) Issuance of guidelines. (b) Contents of guidelines. (c) Qualified historic properties.

4 — I — 5

4 — I — 6

12205. Attorney's fees. 12206. Technical assistance.

(a) Plan for assistance. (b) Agency and public assistance. (c) Implementation. (d) Grants and contracts. (e) Failure to receive assistance.

12207. Federal wilderness areas. (a) Study. (b) Submission of report. (c) Specific wilderness access.

12208. Transvestites. 12209. Instrumentalities of Congress. 12210. Illegal use of drugs.

(a) In general. (b) Rules of construction. (c) Health and other services. (d) "Illegal use of drugs" defined.

12211. Definitions. (a) Homosexuality and bisexuality. (b) Certain conditions.

12212. Alternative means of dispute resolution. 12213. Severability. CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in Sections 290bb-34, 608, 1760, 1786, 3796gg-7, 15007, 15024, 15545 of this Title; Title 2 Sections 1302, 1331, 1371, 1434; Title 3 Sections 402, 421; Title 16 Sections 410aaa-41, 410aaa-52; Title 20 Sections 1011, 1140c, 1415; Title 23 Section 133; Title 25 Section 2005; Title 26 Section 44; Title 29 Sections 720, 721, 762, 764, 781, 793, 795, 3011; Title 49 Sections 5302, 5307, 5314, 5323, 5335, 47102.

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42 USC Sec. 12101-Findings and Purpose TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose (a) Findings The Congress finds that -

(1) some 43,000,000 Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older;

(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;

(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institution-alization, health services, voting, and access to public services;

(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser ser-vices, programs, activities, benefits, jobs, or other opportunities;

(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally;

(7) individuals with disabilities are a discrete and insular minority who have been faced with restrictions and limitations, subjected to a history of purposeful unequal treatment, and relegated to a position of political powerlessness in our society, based on characteristics that are beyond the control of such individuals and resulting from stereotypic assumptions not truly indicative of the individual ability of such individuals to participate in, and contribute to, society;

(8) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and

(9) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and non-productivity.

(b) Purpose It is the purpose of this chapter -

(1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities;

(2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities;

(3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and

(4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day-to-day by people with disabilities.

(Pub. L. 101-336, Sec. 2, July 26, 1990, 104 Stat. 328.)

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REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327,which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

SHORT TITLE Section 1(a) of Pub. L. 101-336 provided that: "This Act [enacting this chapter and Section 225 of Title 47, Tele-graphs, Telephones, and Radiotelegraphs, amending Section 706 of Title 29,Labor, and Sections 152, 221, and 611 of Title 47, and enacting provisions set out as notes under Sections 12111, 12131, 12141, 12161, and 12181 of this Title] may be cited as the 'Americans with Disabilities Act of 1990'."

STUDY BY GENERAL ACCOUNTING OFFICE OF EXISTING

DISABILITY-RELATED EMPLOYMENT INCENTIVES

(Pub. L. 106-170, Title III, Sec. 303(a), Dec. 17, 1999, 113 Stat.) 1903, provided that:

"(1) Study. - As soon as practicable after the date of the enactment of this Act [Dec. 17, 1999], the Comptroller General of the United States shall undertake a study to assess existing tax credits and other disability-related employment incentives under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and other Federal laws. In such study, the Comptroller General shall specifically address the extent to which such credits and other incentives would encourage employers to hire and retain individuals with disabilities. "(2) Report. - Not later than 3 years after the date of the enactment of this Act, the Comptroller General shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report presenting the results of the Comptroller General's study conducted pursuant to this subsection, together with such recommendations for legislative or administrative changes as the Comptroller General determines are appropriate."

42 USC Sec. 12102 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12102. Definitions As used in this chapter: (1) Auxiliary aids and services The term "auxiliary aids and services" includes -

(A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (C) acquisition or modification of equipment or devices; and (D) other similar services and actions.

(2) Disability The term "disability" means, with respect to an individual - (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.

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(3) State The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

(Pub. L. 101-336, Sec. 3, July 26, 1990, 104 Stat. 329.)

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Islands, see note set out preceding Section 1681 of Title 48, Territories and Insular Possessions.

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 280b-1c, 3796gg-7,3796hh, 12211, 12581, 12594 of this Title; Title 20 Sections 1003,1228c, 2302, 9202; Title 29 Section 2801; Title 40 Section 550;Title 47 Section 255.

42 USC SUBCHAPTER I - EMPLOYMENT TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in Sections 1981a, 12201, 12203, 12206 of this Title; Title 2 Section 1311; Title 3 Section 411; Title 29 Sections 723, 728a, 732, 772, 791, 793, 794.

42 USC Sec. 12111 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT Sec. 12111. Definitions As used in this subchapter:

(1) Commission—The term "Commission" means the Equal Employment Opportunity Commission established by Section 2000e-4 of this Title. (2) Covered entity— The term "covered entity" means an employer, employment agency, labor organization, or joint labor-management committee. (3) Direct threat—The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. (4) Employee—The term "employee" means an individual employed by an employer. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. (5) Employer—(A) In general: The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person. (B) Exceptions: The term "employer" does not include—(i) the United States, a corporation

wholly owned by the government of the United States, or an Indian tribe; or (ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under Section 501(c) of Title 26.

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(6) Illegal use of drugs—(A) In general: The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act

[21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law B) Drugs: The term "drug" means a controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act [21 U.S.C. 812].

(7) Person, etc.—The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such terms in Section 2000e of this Title.

(8) Qualified individual with a disability—The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essen-tial functions of the employment position that such individual holds or desires. For the

purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before

advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.

(9) Reasonable accommodation—The term "reasonable accommodation" may include - (A) making existing facilities used by employees readily accessible to and usable by individuals

with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or in-terpreters, and other similar accommodations for individuals with disabilities.

(10) Undue hardship— (A) In general: The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B). (B) Factors to be considered: In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include (i) the nature and cost of the accommodation

needed under this chapter; (ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic

separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

(Pub. L. 101-336, Title I, Sec. 101, July 26, 1990, 104 Stat. 330; Pub. L. 102-166, Title I, Sec. 109(a), Nov. 21, 1991, 105 Stat.1077.)

REFERENCES IN TEXT

The effective date of this subchapter, referred to in par.(5)(A), is 24 months after July 26, 1990, see Section 108 of Pub. L. 101-336, set out as an Effective Date note below. The Controlled Substances Act, re-ferred to in par. (6)(A), is Title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classifica-tion of this Act to the Code, see Short Title note set out under Section 801 of Title 21 and Tables. This chapter, referred to in par. (10)(B)(i), was in the original "this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under Section 12101 of this Title and Tables.

AMENDMENTS

1991 - Par. (4). Pub. L. 102-166 inserted at end "With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States."

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EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-166 inapplicable to conduct occurring before Nov. 21, 1991, see Section 109(c) of Pub. L. 102-166, set out as a note under Section 2000e of this Title.

EFFECTIVE DATE Section 108 of Title I of Pub. L. 101-336 provided that: "This Title [enacting this subchapter] shall become effective 24 months after the date of enactment [July 26, 1990]."

SECTION REFERRED TO IN OTHER SECTIONS

This Section is referred to in Sections 5057, 12581, 12594, 12635 of this Title.

42 USC Sec. 12112 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT Sec. 12112. Discrimination (a) General rule

No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

(b) Construction As used in subsection (a) of this Section, the term "discriminate" includes -

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or

employee; (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a

covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an deployment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs);

(3) utilizing standards, criteria, or methods of administration - (A) that have the effect of discrimination on the basis of disability; or (B) that perpetuate the discrimination of others who are subject to common administrative control; (4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or

association; (5) (A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such

covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or

(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant; (6)using qualification standards, employment tests or other selection criteria that screen out or tend to

screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is admin-istered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such

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(6) applicant or employee that such test purports to measure, rather than reflecting the impaired sen-sory, manual, or speaking skills of such employee or applicant (except where such skills are the fac-tors that the test purports to measure).

(c) Covered entities in foreign countries (1) In general It shall not be unlawful under this Section for a covered entity to take any action that

constitutes discrimination under this Section with respect to an employee in a workplace in a foreign country if compliance with this Section would cause such covered entity to violate the law of the for-eign country in which such workplace is located.

(2) Control of corporation (A) Presumption: If an employer controls a corporation whose place of incorporation is a foreign

country, any practice that constitutes discrimination under this Section and is engaged in by such corporation shall be presumed to be engaged in by such employer.

(B) Exception: This Section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

(C) Determination: For purposes of this paragraph, the determination of whether an employer controls a corporation shall be based on - (i) the interrelation of operations; (ii) the common management; (iii) the centralized control of labor relations; and (iv) the common ownership or financial control, of the employer and the corporation.

(d) Medical examinations and inquiries (1) In general: The prohibition against discrimination as referred to in subsection (a) of this Section

shall include medical examinations and inquiries. (2) Pre-employment

(A) Prohibited examination or inquiry Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability. (B) Acceptable inquiry A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions.

(3) Employment entrance examination A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if -

(A) all entering employees are subjected to such an examination regardless of disability; (B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that - (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (ii) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (iii) government officials investigating compliance with this chapter shall be provided relevant information on request; and (C) the results of such examination are used only in accordance with this subchapter. (4) Examination and inquiry

(A) Prohibited examinations and inquiries A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity. (B) Acceptable examinations and inquiries A covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees

at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions.

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(C) Requirement Information obtained under subparagraph (B) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3).

(Pub. L. 101-336, Title I, Sec. 102, July 26, 1990, 104 Stat. 331; Pub. L. 102-166, Title I, Sec. 109(b)(2), Nov. 21, 1991, 105 Stat. 1077.)

AMENDMENTS

1991 - Subsecs. (c), (d). Pub. L. 102-166 added subsec. (c) and re-designated former subsec. (c) as (d).

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-166 inapplicable to conduct occurring before Nov. 21, 1991, see Section 109(c) of Pub. L. 102-166, set out as a note under Section 2000e of this Title.

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 1981a, 2000e-16b, 12209 of this Title; Title 2 Section 1311; Title 3 Section 411.

42 USC Sec. 12113 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT Sec. 12113. Defenses (a) In general

It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this subchapter.

(b) Qualification standards The term "qualification standards" may include a requirement that an individual shall not pose a direct

threat to the health or safety of other individuals in the workplace. (c) Religious entities

(1) In general: This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

(2) Religious tenets requirement: Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of such organization.

(d) List of infectious and communicable diseases (1) In general: The Secretary of Health and Human Services, not later than 6 months after

July 26, 1990, shall - (A) review all infectious and communicable diseases which may be transmitted through handling the food supply; (B) publish a list of infectious and communicable diseases, which are transmitted through handling the food supply; (C) publish the methods by which such diseases are transmitted; and (D) widely disseminate such information regarding the list of diseases and their modes of transmissability1 to the general public. Such list shall be updated annually. (2) Applications: In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling.

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(3) Construction: Nothing in this chapter shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to

protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable Accommodation pursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the Secretary of Health and Human Services.

(Pub. L. 101-336, Title I, Sec. 103, July 26, 1990, 104 Stat. 333.)

1 So in original. Probably should be "transmissibility."

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 2000e-16b, 12209 of this Title; Title 2 Section 1311; Title 3 Section 411.

42 USC Sec. 12114 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT Sec. 12114. Illegal use of drugs and alcohol (a) Qualified individual with a disability

For purposes of this subchapter, the term "qualified individual with a disability" shall not Include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

(b) Rules of construction Nothing in subsection (a) of this Section shall be construed to exclude as a qualified individual with a

disability an individual who - (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in

the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

(2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it

shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs.

(c) Authority of covered entity A covered entity - (1) may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees; (2) may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace; (3) may require that employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.); (4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that

such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and

(5) may, with respect to Federal regulations regarding alcohol and the illegal use of drugs, require that - (A) employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Defense);

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(B) employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regula-tions, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission); and (C) employees comply with the standards established in such regulations of the Department of Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Transportation).

(d) Drug testing (1) In general: For purposes of this subchapter, a test to determine the illegal use of drugs shall not be considered a medical examination. (2) Construction: Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.

(e) Transportation employees Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to - (1) test employees of such entities in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and (2) remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to paragraph (1) from safety-sensitive duties in implementing subsection (c) of this Section.

(Pub. L. 101-336, Title I, Sec. 104, July 26, 1990, 104 Stat. 334.)

REFERENCES IN TEXT The Drug-Free Workplace Act of 1988, referred to in subsec. (c)(3), is subTitle D (Secs. 5151-5160) of Title V of Pub. L. 100-690, Nov. 18, 1988, 102 Stat. 4304, which is classified generally to chapter 10 (Sec. 701 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under Section 701 of Title 41 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This Section is referred to in Sections 2000e-16b, 12209 of this Title; Title 2 Section 1311; Title 3 Section 411.

42 USC Sec. 12115 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT Sec. 12115. Posting notices Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by Section 2000e-10 of this Title.

(Pub. L. 101-336, Title I, Sec. 105, July 26, 1990, 104 Stat. 336.)

42 USC Sec. 12116

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT Sec. 12116. Regulations Not later than 1 year after July 26, 1990, the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of Title 5.

(Pub. L. 101-336, Title I, Sec. 106, July 26, 1990, 104 Stat. 336.)

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Section 12117 of this Title.

42 USC Sec. 12117 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER I - EMPLOYMENT Sec. 12117. Enforcement (a) Powers, remedies, and procedures

The powers, remedies, and procedures set forth in Sections 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e-9 of this Title shall be the powers, remedies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under Section 12116 of this Title, concerning employment.

(b) Coordination The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of Title 28 and part 1691 of Title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990.

(Pub. L. 101-336, Title I, Sec. 107, July 26, 1990, 104 Stat. 336.)

REFERENCES IN TEXT The Rehabilitation Act of 1973, referred to in subsec. (b), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended, which is classified generally to chapter 16 (Sec. 701 et seq.) of Title 29, Labor. For complete classifi-cation of this Act to the Code, see Short Title note set out under Section 701 of Title 29 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 1981a, 12203 of this Title; Title 2 Section 1311; Title 3 Section 411.

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42 USC SUBCHAPTER II - PUBLIC SERVICES TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in Sections 300d-52, 1437c-1, 9918, 12201, 12203, 12204, 12206 of this Title; Title 2 Section 1331; Title 29 Section 792.

42 USC Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES PART A - PROHIBITION AGAINST DISCRIMINATION AND OTHER GENERALLY APPLICABLE PROVISIONS

PART REFERRED TO IN OTHER SECTIONS This part is referred to in Section 12206 of this Title.

42 USC Sec. 12131

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions Sec. 12131. Definitions

As used in this subchapter: (1) Public entity—The term "public entity" means:

(A) any State or local government; (B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (C) the National Railroad Passenger Corporation, and any commuter authority (as defined in Section 24102(4) [1] of Title 49).

(2) Qualified individual with a disability—The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or prac-tices, the removal of architectural, communication, or transportation barriers, or the provision of aux-iliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity.

(Pub. L. 101-336, Title II, Sec. 201, July 26, 1990, 104 Stat. 337.)

REFERENCES IN TEXT Section 24102 of Title 49, referred to in par. (1)(C), was subsequently amended, and Section 24102(4) no longer defines "commuter authority". However, such term is defined elsewhere in that Section.

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CODIFICATION In par. (1)(C), "Section 24102(4) of Title 49" substituted for "Section 103(8) of the Rail Passenger Service Act" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, the first Section of which enacted sub-Titles II, III, and V to X of Title 49, Transportation.

EFFECTIVE DATE Section 205 of Pub. L. 101-336 provided that: "(a) General Rule. - Except as provided in subsection (b), this sub-Title [sub-Title A (Secs. 201-205) of Title II of Pub. L. 101-336, enacting this part] shall become effective 18 months after the date of enactment of this Act [July 26, 1990]. "(b) Exception. - Section 204 [Section 12134 of this Title] shall become effective on the date of enactment of this Act."

EX. ORD. NO. 13217. COMMUNITY-BASED ALTERNATIVES FOR INDIVIDUALS WITH DISABILITIES

Ex. Ord. No. 13217, June 18, 2001, 66 F.R. 33155, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to place qualified individuals with disabilities in community settings whenever appropriate, it is hereby ordered as follows: Section 1. Policy. This order is issued consistent with the following findings and principles:

(a) The United States is committed to community-based alternatives for individuals with disabilities and recognizes that such services advance the best interests of Americans.

(b) The United States seeks to ensure that America's community-based programs effectively foster independence and participation in the community for Americans with disabilities.

(c) Unjustified isolation or segregation of qualified individuals with disabilities through institutionalization is a form of disability-based discrimination prohibited by Title II of the Americans With Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 [12131] et seq. States must avoid disability-based discrimination unless doing so would fundamentally alter the nature of the service, program, or activity provided by the State.

(d) In Olmstead v. L.C., 527 U.S. 581 (1999) (the "Olmstead decision"), the Supreme Court construed Title II of the ADA [42 U.S.C. 12131 et seq.] to require States to place qualified individuals with mental disabilities in community settings, rather than in institutions, whenever treatment professionals deter-mine that such placement is appropriate, the affected persons do not oppose such placement, and the State can reasonably accommodate the placement, taking into account the resources available to the State and the needs of others with disabilities.

(e) The Federal Government must assist States and localities to implement swiftly the Olmstead decision, so as to help ensure that all Americans have the opportunity to live close to their families and friends, to live more independently, to engage in productive employment, and to participate in community life.

Section 2. Swift Implementation of the Olmstead Decision: Agency Responsibilities.

(a) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall work cooperatively to ensure that the Olmstead decision is implemented in a timely manner. Specifically, the designated agencies should work with States to help them assess their compliance with the Olmstead decision and the ADA [42 U.S.C. 12101 et seq.] in providing services to qualified individuals with dis-abilities in community-based settings, as long as such services are appropriate to the needs of those individuals. These agencies should provide technical guidance and work cooperatively with States to achieve the goals of Title II of the ADA [42 U.S.C. 12131 et seq.], particularly where States have chosen to develop comprehensive, effectively working plans to provide services to qualified individuals with disabilities in the most integrated settings. These agencies should also ensure that existing Federal resources are used in the most effective manner to support the goals of the ADA. The Secretary of Health and Human Services shall take the lead in coordinating these efforts.

(b) The Attorney General, the Secretaries of Health and Human Services, Education, Labor, and Housing and Urban Development, and the Commissioner of the Social Security Administration shall evaluate the policies, programs, statutes, and regulations of their respective agencies to determine whether any should be revised or modified to improve the availability of community-based services for qualified

individuals with disabilities. The review shall focus on identifying affected populations, improving the

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flow of information about supports in the community, and removing barriers that impede opportunities for community placement. The review should ensure the involvement of consumers, advocacy organizations, providers, and relevant agency representatives. Each agency head should report to the President, through the Secretary of Health and Human Services, with the results of their evaluation within 120 days. (c) The Attorney General and the Secretary of Health and Human Services shall fully enforce Title II of the

ADA, including investigating and resolving complaints filed on behalf of individuals who allege that they have been the victims of unjustified institutionalization. Whenever possible, the Department of Justice and the Department of Health and Human Services should work cooperatively with States to resolve these complaints, and should use alternative dispute resolution to bring these complaints to a quick and constructive resolution.

(d) The agency actions directed by this order shall be done consistent with this Administration's budget. Section 3. Judicial Review. Nothing in this order shall affect any otherwise available judicial review of agency action. This order is intended only to improve the internal management of the Federal Government and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.

/signed by/ George W. Bush

THE WHITE HOUSE June 18, 2001

.

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 12181, 12209 of this Title; Title 2 Section 1331; Title 3 Section 421.

42 USC Sec. 12132 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions Sec. 12132. Discrimination Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.

(Pub. L. 101-336, Title II, Sec. 202, July 26, 1990, 104 Stat. 337.)

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 12133, 12142, 12143, 12144, 12146, 12147, 12148, 12162, 12209 of this Title; Title 2 Section 1331; Title 3 Section 421.

4 — I — 19

4 — I — 20

42 USC Sec. 12133

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions Sec. 12133. Enforcement The remedies, procedures, and rights set forth in Section 794a of Title 29 shall be the remedies, procedures, and rights this subchapter provides to any person alleging discrimination on the basis of disability in violation of Section 12132 of this Title.

(Pub. L. 101-336, Title II, Sec. 203, July 26, 1990, 104 Stat. 337.) SECTION REFERRED TO IN OTHER SECTIONS

This Section is referred to in Sections 12203, 12209 of this Title; Title 2 Section 1331; Title 3 Section 421.

42 USC Sec. 12134 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions Sec. 12134. Regulations (a) In general: Not later than 1 year after July 26, 1990, the Attorney General shall promulgate regulations

in an accessible format that implement this part. Such regulations shall not include any matter within the cope of the authority of the Secretary of Transportation under Section 12143, 12149, or 12164 of this Title.

(b) Relationship to other regulations: Except for "program accessibility, existing facilities," and "communications,” regulations under subsection (a) of this Section shall be consistent with this chapter and with the coordination regulations under part 41 of Title 28, Code of Federal Regulations (as promul-gated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipi-ents of Federal financial assistance under Section 794 of Title 29. With respect to "program accessibility, existing facilities," and "communications," such regulations shall be consistent with regulations and analysis as in part 39 of Title 28 of the Code of Federal Regulations, applicable to federally-conducted activities under Section 794 of Title 29.

(c) Standards: Regulations under subsection (a) of this Section shall include standards applicable to facilities and vehicles covered by this part, other than facilities, stations, rail passenger cars, and vehicles covered by part B of this subchapter. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with Section 12204(a) of this Title.

(Pub. L. 101-336, Title II, Sec. 204, July 26, 1990, 104 Stat. 337.)

REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under Section 12101 of this Title and Tables.

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EFFECTIVE DATE Section effective July 26, 1990, see Section 205(b) of Pub. L. 101-336, set out as a note under Section 12131 of this Title.

SECTION REFERRED TO IN OTHER SECTIONS

This Section is referred to in Section 12209 of this Title; Title 2 Section 1331; Title 3 Section 421.

42 USC Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in Sections 12134, 12206 of this Title.

42 USC Sec. 12141 42 USC Sec. 12142

42 USC Sec. 12143 42 USC Sec. 12144 42 USC Sec. 12145 42 USC Sec. 12146 42 USC Sec. 12147 42 USC Sec. 12148 42 USC Sec. 12149 42 USC Sec. 12150 42 USC Sec. 12161 42 USC Sec. 12162 42 USC Sec. 12163 42 USC Sec. 12164 42 USC Sec. 12165 42 USC Sec. 12181

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER II - PUBLIC SERVICES Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory Subpart I - public transportation other than by aircraft or certain rail operations

[THESE SECTIONS HAVE BEEN OMITTED FROM THIS DESK REFERENCE]

42 USC Sec. 12182 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES Sec. 12182. Prohibition of discrimination by public accommodations (a) General rule

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

(b) Construction (1) General prohibition (A) Activities

i) Denial of participation It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or

disabilities of such individual or class, directly, or through contractual, licensing, or other arrange-ments, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, Services, facilities, privileges, advantages, or accommodations of an entity.

(ii) Participation in unequal benefit It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability

or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. (iii) Separate benefit It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others. (iv) Individual or class of individuals For purposes of clauses (i) through (iii) of this subparagraph, the term "individual or class of individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.

(B) Integrated settings Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. (C) Opportunity to participate Notwithstanding the existence of separate or different programs or activities provided in accordance with this Section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different. (D) Administrative methods An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration -

(i) that have the effect of discriminating on the basis of disability; or (ii) that perpetuate the discrimination of others who are subject to common administrative control.

(E) Association It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

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(2) Specific prohibitions (A) Discrimination

For purposes of subsection (a) of this Section, discrimination includes - (i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered;

(ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; (iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden; (iv) a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and (v) where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.

(B) Fixed route system (i) Accessibility It shall be considered discrimination for a private entity which operates a fixed route system and which is not subject to Section 12184 of this Title to purchase or lease a vehicle with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (ii) Equivalent service If a private entity which operates a fixed route system and which is not subject to Section 12184 of this Title purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.

(C) Demand responsive system For purposes of subsection (a) of this section, discrimination includes - (i) a failure of a private entity which operates a demand responsive system and which is not subject to section 12184 of this Title to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities; and (ii) the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.

4 — I — 23

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(D) Over-the-road buses (i) Limitation on applicability Subparagraphs (B) and (C) do not apply to over-the-road buses. (ii) Accessibility requirements For purposes of subsection (a) of this section, discrimination includes (I) the purchase or lease of an over-the-road bus which does not comply with the regulations issued under section 12186(a) (2) of this Title by a private entity which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.

(3) Specific construction Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.

(Pub. L. 101-336, Title III, Sec. 302, July 26, 1990, 104 Stat. 355.)

REFERENCES IN TEXT For the effective date of this subparagraph, referred to in subsec. (b)(2)(B), (C)(ii), see Section 310 of Pub. L. 101-336, set out as an Effective Date note under section 12181 of this Title.

EFFECTIVE DATE Section effective 18 months after July 26, 1990, but with subsec. (a) of this section (for purposes of subsec. (b)(2)(B), (C) only) effective July 26, 1990, and with certain qualifications with respect to bringing of civil actions, see Section 310 of Pub. L. 101-336, set out as a note under section 12181 of this Title.

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 12183, 12184, 12186, 12188, 12209 of this title; Title 2 section 1331; Title 3 Section 421.

42 USC Sec. 12183

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES Sec. 12183. New construction and alterations in public accommodations and commercial facilities

(a) Application of term

Except as provided in subsection (b) of this section, as applied to public accommodations and commercial facilities, discrimination for purposes of section 12182(a) of this Title includes - (1) a failure to design and construct facilities for first occupancy later than 30 months after July 26,

1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter; and

(2) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered por-tions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

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Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bath-rooms, telephones, and drinking fountains serving the altered area, are readily accessible to and us-able by individuals with disabilities where such alterations to the path of travel or the bathrooms, tele-phones, and drinking fountains serving the altered area are not disproportionate to the overall altera-tions in terms of cost and scope (as determined under criteria established by the Attorney General).

(b) Elevator Subsection (a) of this section shall not be construed to require the installation of an elevator for facilities that are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities.

(Pub. L. 101-336, Title III, Sec. 303, July 26, 1990, 104 Stat.358.)

EFFECTIVE DATE Section effective 18 months after July 26, 1990, see section 310(a), (b) of Pub. L. 101-336, set out as a note under section 12181 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 12184, 12186, 12188, 12209 of this title; Title 2 section 1331; Title 3 section 421.

42 USC Sec. 12201

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12201. Construction Title 29 for a person to build a new station for use in intercity or commuter rail transportation that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed under Section 12164 of this Title. (a) In general

Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under Title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the regulations issued by Federal agencies pursuant to such title.

(b) Relationship to other laws Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I of this chapter, in transportation covered by subchapter II or III of this chapter, or in places of public accommodation covered by subchapter III of this chapter.

(c) Insurance Subchapters I through III of this chapter and Title IV of this Act shall not be construed to prohibit or restrict - (1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (2) a person or organization covered by this chapter from establishing, sponsoring, observing or admin-istering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or

4 — I — 26

(3) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance. Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of subchapters I and III of this chapter.

(d) Accommodations and services

Nothing in this chapter shall be construed to require an individual with a disability to accept an accom-modation, aid, service, opportunity, or benefit which such individual chooses not to accept.

(Pub. L. 101-336, Title V, Sec. 501, July 26, 1990, 104 Stat. 369.)

REFERENCES IN TEXT This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this Title and Tables. The Rehabilitation Act of 1973, referred to in subsec. (a), is Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title V of the Rehabilitation Act of 1973 is classified generally to subchapter V (Sec. 790 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables. Title IV of this Act, referred to in subsec. (c), means Title IV of Pub. L. 101-336, July 26, 1990, 104 Stat. 366, which enacted section 225 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and amended sections 152, 221, and 611 of Title 47.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in Title 29 sections 791, 793, 794.

42 USC Sec. 12202 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12202. State immunity A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

(Pub. L. 101-336, Title V, Sec. 502, July 26, 1990, 104 Stat. 370.)

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Title 29 Sections 791, 793, 794.

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42 USC Sec. 12203 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12203. Prohibition against retaliation and coercion (a) Retaliation

No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.

(b) Interference, coercion, or intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.

(c) Remedies and procedures The remedies and procedures available under Sections 12117, 12133, and 12188 of this Title shall be available to aggrieved persons for violations of subsections (a) and (b) of this Section, with respect to subchapter I, subchapter II and subchapter III of this chapter, respectively.

(Pub. L. 101-336, Title V, Sec. 503, July 26, 1990, 104 Stat. 370.)

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Title 29 Sections 791, 793, 794.

42 USC Sec. 12204

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12204. Regulations by Architectural and Transportation Barriers Compliance Board (a) Issuance of guidelines

Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter.

(b) Contents of guidelines The supplemental guidelines issued under subsection (a) of this Section shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities.

(c) Qualified historic properties (1) In general The supplemental guidelines issued under subsection (a) of this Section shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards. (2) Sites eligible for listing in National Register With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall, at a minimum, maintain the Procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards.

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(3) Other sites With respect to alterations of buildings or facilities designated as historic under State or Local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such standards.

(Pub. L. 101-336, Title V, Sec. 504, July 26, 1990, 104 Stat. 370.)

REFERENCES IN TEXT The National Historic Preservation Act, referred to in subsec.(c)(2), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, which is classified generally to subchapter II (Sec. 470 et seq.) of chapter 1A of Title 16, Conservation. For complete classification of this Act to the Code, see Section 470(a) of Title 16 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Sections 12134, 12149, 12150, 12163, 12165, 12186 of this Title; Title 29 Sections 791, 793, 794.

42 USC Sec. 12205

TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12205. Attorney's fees In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

(Pub. L. 101-336, Title V, Sec. 505, July 26, 1990, 104 Stat. 371.)

42 USC Sec. 12206 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12206. Technical assistance (a) Plan for assistance

(1) In general Not later than 180 days after July 26, 1990, the Attorney General, in consultation with the Chair of he Equal Employment Opportunity Commission, the Secretary of Transportation, the Chair of the Architec-tural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist entities covered under this chapter, and other Federal agen-cies, in understanding the responsibility of such entities and agencies under this chapter. (2) Publication of plan The Attorney General shall publish the plan referred to in paragraph (1) for public comment in accordance with subchapter II of chapter 5 of Title 5 (commonly known as the Administrative Procedure Act).

(b) Agency and public assistance The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a) of this Section, including the National Council on Disability, the President's Committee on Employment of People with Disabilities, the Small Business Administration, and the Department of Commerce.

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(c) Implementation (1) Rendering assistance Each Federal agency that has responsibility under paragraph (2) for implementing this chapter may render technical assistance to individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility. (2) Implementation of subchapters

(A) Subchapter I The Equal Employment Opportunity Commission and the Attorney General shall implement the plan for assistance developed under subsection (a) of this Section, for subchapter I of this chapter. (B) Subchapter II

(i) Part A The Attorney General shall implement such plan for assistance for part A of subchapter II of this chapter. (ii) Part B The Secretary of Transportation shall implement such plan for assistance for part B of subchapter II of this chapter.

(C) Subchapter III The Attorney General, in coordination with the Secretary of Transportation and the Chair of the Architectural Transportation Barriers Compliance Board, shall implement such plan for assistance for subchapter III of this chapter, except for Section 12184 of this Title, the plan for assistance for which shall be implemented by The Secretary of Transportation. (D) Title IV The Chairman of the Federal Communications Commission, in coordination with the Attorney General, shall implement such plan for assistance for Title IV.

(3) Technical assistance manuals Each Federal agency that has responsibility under paragraph (2) for implementing this chapter shall, as part of its implementation responsibilities, ensure the availability and provision of appropriate technical assistance manuals to individuals or entities with rights or duties under this chapter no later than six months after applicable final regulations are published under subchapters I, II, and III of this chapter and Title IV.

(d) Grants and contracts (1) In general Each Federal agency that has responsibility under subsection (c)(2) of this Section for implementing this chapter may make grants or award contracts to effectuate the purposes of this Section, subject to the availability of appropriations. Such grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual (including educational institutions), and associations representing individuals who have rights or duties under this chapter. Contracts may be awarded to entities organized for profit, but such entities may not be the recipients or grants described in this paragraph. (2) Dissemination of information Such grants and contracts, among other uses, may be designed to ensure wide dissemination of information about the rights and duties established by this chapter and to provide information and technical assistance about techniques for effective compliance with this chapter.

(e) Failure to receive assistance An employer, public accommodation, or other entity covered under this chapter shall not be excused from compliance with the requirements of this chapter because of any failure to receive technical assistance under this Section, including any failure in the development or dissemination of any technical assistance manual authorized by this Section.

(Pub. L. 101-336, Title V, Sec. 506, July 26, 1990, 104 Stat. 371.)

REFERENCES IN TEXT Title IV, referred to in subsec. (c)(2)(D), (3), means Title IV of Pub. L. 101-336, July 26, 1990, 104 Stat. 366, which enacted Section 225 of Title 47, Telegraphs, Telephones, and Radiotelegraphs, and amended Sections 152, 221, and 611 of Title 47.

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SECTION REFERRED TO IN OTHER SECTIONS This Section is referred to in Title 29 Section 762.

42 USC Sec. 12207 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12207. Federal wilderness areas (a) Study

The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act (16 U.S.C. 1131 et seq.).

(b) Submission of report Not later than 1 year after July 26, 1990, the National Council on Disability shall submit the report required under subsection (a) of this Section to Congress.

(c) Specific wilderness access (1) In general Congress reaffirms that nothing in the Wilderness Act [16 U.S.C. 1131 et seq.] is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of spe-cial treatment or accommodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use. (2) "Wheelchair" defined

For purposes of paragraph (1), the term "wheelchair" means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area.

(Pub. L. 101-336, Title V, Sec. 507, July 26, 1990, 104 Stat. 372.)

REFERENCES IN TEXT The Wilderness Act, referred to in subsecs. (a) and (c)(1), is Pub. L. 88-577, Sept. 3, 1964, 78 Stat. 890, as amended, which is classified generally to chapter 23 (Sec. 1131 et seq.) of Title 16,Conservation. For complete classification of this Act to the Code, see Short Title note set out under Section 1131 of Title 16 and Tables.

42 USC Sec. 12208 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12208. Transvestites For the purposes of this chapter, the term "disabled" or "disability" shall not apply to an individual solely because that individual is a transvestite.

(Pub. L. 101-336, Title V, Sec. 508, July 26, 1990, 104 Stat. 373.)

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42 USC Sec. 12209 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12209. Instrumentalities of Congress The General Accounting Office, the Government Printing Office, and the Library of Congress shall be covered as follows:

(1) In general The rights and protections under this chapter shall, subject to paragraph (2), apply with respect to

the conduct of each instrumentality of the Congress. (2) Establishment of remedies and procedures by instrumentalities The chief official of each instrumentality of the Congress shall establish remedies and procedures to

be utilized with respect to the rights and protections provided pursuant to paragraph (1). (3) Report to Congress The chief official of each instrumentality of the Congress shall, after establishing remedies and

procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures. (4) Definition of instrumentalities For purposes of this Section, the term "instrumentality of the Congress" means the following:, the General Accounting Office, the Government Printing Office, and the Library of Congress. (5) Enforcement of employment rights The remedies and procedures set forth in Section 2000e-16 of this Title shall be available to any

employee of an instrumentality of the Congress who alleges a violation of the rights and protections under Sections 12112 through 12114 of this Title that are made applicable by this

Section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (6) Enforcement of rights to public services and accommodations The remedies and procedures set forth in Section 2000e-16 of this Title shall be available to any

qualified person with a disability who is a visitor, guest, or patron of an instrumentality of Congress and who alleges a violation of the rights and protections under Sections 12131 through

12150 of this Title or Section 12182 or 12183 of this Title that are made applicable by this Section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress.

(7) Construction Nothing in this Section shall alter the enforcement procedures for individuals with disabilities

provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated pursuant to that Act.

(Pub. L. 101-336, Title V, Sec. 509, July 26, 1990, 104 Stat. 373; Pub. L. 102-166, Title III, Sec. 315, Nov. 21, 1991, 105 Stat. 1095;

Pub. L. 104-1, Title II, Secs. 201(c)(3), 210(g), Jan. 23, 1995, 109 Stat. 8, 16.)

REFERENCES IN TEXT The General Accounting Office Personnel Act of 1980, referred to in par. (7), is Pub. L. 96-191, Feb. 15, 1980, 94 Stat. 27, which was classified principally to Section 52-1 et seq. of former Title 31, and which was substan-tially repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, and reenacted by the first Section thereof principally in subchapters III (Sec. 731 et seq.) and IV (Sec. 751 et seq.) of chapter 7 of Title 31, Money and Finance.

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AMENDMENTS 1995 - Pub. L. 104-1, Sec. 201(c)(3)(F), amended Section catchline generally. Pub. L. 104-1, Sec. 201(c)(3)(A), struck out subsecs. (a) and (b) which related to coverage of Senate and House of Representatives with respect to bans on employment discrimination and other discriminatory practices against individuals with disabilities. Pub. L. 104-1, Sec. 201(c)(3)(B), substituted "The General Accounting Office, the Government Printing Office, and the Library of Congress shall be covered as follows:" for subsec. (c) heading and designated subsec. (c) as entire Section.

Par. (2). Pub. L. 104-1, Sec. 201(c)(3)(C), struck out at end "Such remedies and procedures shall apply exclusively, except for the employees who are defined as Senate employees, in Section 1201(c)(1) of Title 2." Par. (4). Pub. L. 104-1, Sec. 201(c)(3)(D), struck out "the Architect of the Capitol, the Congressional Budget Office" after "the following:", inserted "and" before "the Library of Congress", and struck out "the Office of Technology Assessment, and the United States Botanic Garden" before period at end.

Pub. L. 104-1, Sec. 201(c)(3)(D), which in part directed the substitution of "the term 'instrumentality of the Congress' means" for "the instrumentalities of the Congress include", was executed by making the substitution for "instrumentalities of the Congress include" to reflect the probable intent of Congress.

Par. (5). Pub. L. 104-1, Sec. 201(c)(3)(E), added par. (5). Former par. (5) redesignated (7). Par. (6). Pub. L. 104-1, Sec. 210(g), which directed amendment of this Section by adding par. (6), was executed by adding par. (6) after par. (5) to reflect the probable intent of Congress. Par. (7). Pub. L. 104-1, Sec. 201(c)(3)(E), redesignated par. (5) as (7).

1991 - Subsec. (a)(2). Pub. L. 102-166, Sec. 315(1), redesignated par. (6) as (2) and struck out former par. (2) which read as follows: "Application to Senate employment. - The rights and protections provided pursuant to this chapter, the Civil Rights Act of 1990 (S. 2104, 101st Congress), the Civil Rights Act of 1964 [42 U.S.C. 2000a et seq.], the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et seq.], and the Rehabilitation Act of 1973 [29 U.S.C. 701 et seq.] shall apply with respect to employment by the United States Senate." Subsec. (a)(3). Pub. L. 102-166, Sec. 315(1), redesignated par. (7) as (3), substituted "(2)(A)" for "(2) and (6)(A)" and "(2)" for "(3), (4), (5), (6)(B), and (6)(C)", and struck out former par. (3) which read as follows: "Investigation and adjudication of claims. - All claims raised by any individual with respect to Senate employment, pursuant to the Acts referred to in para-graph (2), shall be investigated and adjudicated by the Select Committee on Ethics, pursuant to S. Res. 338, 88th Congress, as amended, or such other entity as the Senate may designate." Subsec. (a)(4), (5). Pub. L. 102-166, Sec. 315(1), struck out pars. (4) and (5) which read as follows:

"(4) Rights of employees. - The Committee on Rules and Administration shall ensure that Senate employees are informed of their rights under the Acts referred to in paragraph (2). "(5) Applicable Remedies. - When assigning remedies to individuals found to have a valid claim under the Acts referred to in paragraph (2), the Select Committee on Ethics, or such other entity as the Senate may designate, should to the extent practicable apply the same remedies applicable to all other employees covered by the Acts referred to in paragraph (2). Such remedies shall apply exclusively."

Subsec. (a)(6), (7). Pub. L. 102-166, Sec. 315(1), redesignated pars. (6) and (7) as (2) and (3), respectively.

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Subsec. (c)(2). Pub. L. 102-166, Sec. 315(2), inserted ", except for the employees who are defined as Senate employees, in Section 1201(c)(1) of Title 2" after "shall apply exclusively".

EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Section 201(c)(3) of Pub. L. 104-1 effective 1 year after Jan. 23, 1995, see Section 1311(d) of Title 2, The Congress. Amendment by Section 210(g) of Pub. L. 104-1 effective 1 year after transmission to Con-gress of study under Section 1371 of Title 2, see Section 1331(h)(2) of Title 2.

EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as otherwise provided, see Section 402 of Pub. L. 102-166, set out as a note under Section 1981 of this Title.

SECTION REFERRED TO IN OTHER SECTIONS

This Section is referred to in Title 2 Section 1435.

42 USC Sec. 12210 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12210. Illegal use of drugs (a) In general

For purposes of this chapter, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

(b) Rules of construction Nothing in subsection (a) of this Section shall be construed to exclude as an individual with a disability an individual who -

(1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this Section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs.

(c) Health and other services Notwithstanding subsection (a) of this Section and Section 12211(b)(3) of this Title, an individual shall

not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services.

(d) "Illegal use of drugs" defined (1) In general The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (2) Drugs The term "drug" means a controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act [21 U.S.C. 812].

(Pub. L. 101-336, Title V, Sec. 510, July 26, 1990, 104 Stat. 375.)

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REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (d)(1), is Title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under Section 801 of Title 21 and Tables.

SECTION REFERRED TO IN OTHER SECTIONS

This Section is referred to in Title 29 Sections 791, 793, 794.

42 USC Sec. 12211 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12211. Definitions (a) Homosexuality and bisexuality For purposes of the definition of "disability" in Section 2102(2) of this Title, homosexuality and bisexuality

are not impairments and as such are not disabilities under this chapter. (b) Certain conditions

Under this chapter, the term "disability" shall not include - (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not

resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders

resulting from current illegal use of drugs. (Pub. L. 101-336, Title V, Sec. 511, July 26, 1990, 104 Stat. 376.)

42 USC Sec. 12212 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12212. Alternative means of dispute resolution Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, mini-trials, and arbitration, is encouraged to resolve disputes arising under this chapter.

(Pub. L. 101-336, Title V, Sec. 513, July 26, 1990, 104 Stat. 377.)

42 USC Sec. 12213 TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12213. Severability Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter.

(Pub. L. 101-336, Title V, Sec. 514, July 26, 1990, 104 Stat. 378.)

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ADA/504 AUTHORITIES

PUBLIC LAW 100-259; 102 Stat.28

CIVIL RIGHTS RESTORATION ACT OF 1987 (Public Law 100-259; 102 Stat. 28)

An Act to restore the broad scope of coverage and to clarify the application of Title IX of the Education Amend-ments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title VI of the Civil Rights Act of 1964. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the "Civil Rights Restoration Act of 1987". [20 U.S.C. 1681 note3 FINDINGS OF CONGRESS SEC. 2. The Congress finds that-

(1) certain aspects of recent decisions and opinions of the Supreme Court have unduly narrowed or cast doubt upon the broad application of Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and Title VI of the Civil Rights Act of 1964; and (2) legislative action is necessary to restore the prior consistent and long-standing executive branch in-terpretation and broad, institution-wide application of those laws as previously administered. [20 U.S.C. 1687 note]

EDUCATION AMENDMENTS AMENDMENT SEC. 3. (a) [Amends Title IX of the Education Amendments of 1972 by adding at the end the new Sections 908

and 909.] REHABILITATION ACT AMENDMENT SEC. 4. [Amends Section 504 of the Rehabilitation Act of 1973.] AGE DISCRIMINATION ACT AMENDMENT SEC. 5. [Amends Section 309 of the Age Discrimination Act of 1973] CIVIL RIGHTS ACT AMENDMENT SEC. 6. [Amends Title VI of the Civil Rights Act of 1964.] RULE OF CONSTRUCTION SEC. 7. Nothing in the amendments made by this Act shall be construed to extend the application of the Acts so

amended to ultimate beneficiaries of Federal financial assistance excluded from coverage before the enactment of this Act. [20 U.S.C. 1687 note]

ABORTION NEUTRALITY SEC. 8. No provision of this Act or any amendment made by this Act shall be construed to force or require any

individual or hospital or any other institution, program, or activity receiving Federal Funds to perform or pay for an abortion. [20 U.S.C. 1688 note]

CLARIFICATION OF INDIVIDUALS WITH HANDICAPS IN THE EMPLOYMENT CONTEXT SEC. 9. [Amends Section 7(8) of the Rehabilitation Act of 1973.]

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4 — I — 37

ADA/504 REGULATIONS

28 CFR Part 35 TITLE 28—JUDICIAL ADMINISTRATION

CHAPTER I—DEPARTMENT OF JUSTICE PART 35—NONDISCRIMINATION ON THE BASIS OF DISABILITY

IN STATE AND LOCAL GOVERNMENT SERVICES (TITLE II—Americans With Disabilities Act of 1990)

Subpart A -- General Sec. 35.101 Purpose.

35.102 Application. 35.103 Relationship to other laws. 35.104 Definitions. 35.105 Self-evaluation. 35.106 Notice. 35.107 Designation of responsible employee and adoption of grievance procedures.

35.108 - 35.129 [Reserved] Subpart B -- General Requirements

35.130 General prohibitions against discrimination. 35.131 Illegal use of drugs. 35.132 Smoking. 35.133 Maintenance of accessible features. 35.134 Retaliation or coercion. 35.135 Personal devices and services. 35.136 - 35.139 [Reserved]

Subpart C -- Employment 35.140 Employment discrimination prohibited. 35.141 - 35.148 [Reserved]

Subpart D -- Program Accessibility 35.149 Discrimination prohibited. 35.150 Existing facilities. 35.151 New construction and alterations. 35.152 - 35.159 [Reserved]

Subpart E -- Communications 35.160 General. 35.161 Telecommunication devices for the deaf (TDD's). 35.162 Telephone emergency services. 35.163 Information and signage. 35.164 Duties. 35.165 - 35.169 [Reserved]

Subpart F -- Compliance Procedures 35.170 Complaints. 35.171 Acceptance of complaints. 35.172 Resolution of complaints. 35.173 Voluntary compliance agreements. 35.174 Referral. 35.175 Attorney's fees. 35.176 Alternative means of dispute resolution. 35.177 Effect of unavailability of technical assistance. 35.178 State immunity. 35.179 - 35.189 [Reserved]

Subpart G -- Designated Agencies 35.190 Designted agencies. 35.191 - 35.999 [Reserved]

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Appendix A to Part 35 -- Preamble to Regulation on Nondiscrimination on the Basis of Disability in State and Local Government Services (Published July 26, 1991) Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510; Title II, Pub. L. 101-336 (42 U.S.C. 12134). Subpart A -- General § 35.101 Purpose. The purpose of this part is to effectuate SubTitle A of Title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131), which prohibits discrimination on the basis of disability by public entities. § 35.102 Application. (a) Except as provided in paragraph (b) of this Section, this part applies to all services, programs, and activities

provided or made available by public entities. (b) To the extent that public transportation services, programs, and activities of public entities are

covered by subTitle B of Title II of the ADA (42 U.S.C. 12141), they are not subject to the requirements of this part.

§ 35.103 Relationship to other laws. (a) Rule of interpretation. Except as otherwise provided in this part, this part shall not be construed to apply a

lesser standard than the standards applied under Title V of the Rehabilitation Act of 1973 (29 U.S.C. 791) or the regulations issued by Federal agencies pursuant to that Title.

(b) Other laws. This part does not invalidate or limit the remedies, rights, and procedures of any other Federal

laws, or State or local laws (including State common law) that provide greater or equal protection for the rights of individuals with disabilities or individuals associated with them.

§ 35.104 Definitions. For purposes of this part, the term -- Act means the Americans with Disabilities Act (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611). Assistant Attorney General means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. Auxiliary aids and services includes--

(1) Qualified interpreters, notetakers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other

effective methods of making visually delivered materials available to individuals with visual impairments;

(3) Acquisition or modification of equipment or devices; and

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Complete complaint means a written statement that contains the complainant's name and address and describes the public entity's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of this part. It shall be signed by the complainant or by someone authorized to do so on his or her behalf. Complaints filed on behalf of classes or third parties shall describe or identify (by name, if possible) the alleged victims of discrimination. Current illegal use of drugs means illegal use of drugs that occurred recently enough to justify a reasonable belief that a person's drug use is current or that continuing use is a real and ongoing problem. Designated agency means the Federal agency designated under Subpart G of this part to oversee compliance activities under this part for particular components of State and local governments. Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.

(1) (i) The phrase physical or mental impairment means — (A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; (B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and non-contagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism. (iii) The phrase physical or mental impairment does not include homosexuality or bisexuality.

(2) The phrase major life activities means functions such as caring for one's self, performing manual

tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (3) The phrase has a record of such an impairment means has a history of, or has been misclassified

as having, a mental or physical impairment that substantially limits one or more major life activities. (4) The phrase is regarded as having an impairment means —

(i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation; (ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity as having such an impairment.

(5) The term disability does not include -- (i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.

Drug means a controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812).

Facility means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located. Historic preservation programs means programs conducted by a public entity that have preservation of historic properties as a primary purpose. Historic properties means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law. Illegal use of drugs means the use of one or more drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 812). The term illegal use of drugs does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. Individual with a disability means a person who has a disability. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the basis of such use. Public entity means --

(1) Any State or local government; (2) Any department, agency, special purpose district, or other instrumentality of a State or States or

local government; and (3) The National Railroad Passenger Corporation, and any commuter authority (as defined in Section

103(8) of the Rail Passenger Service Act).

Qualified individual with a disability means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. Qualified interpreter means an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary. Section 504 means Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended. State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. § 35.105 Self-evaluation. (a) A public entity shall, within one year of the effective date of this part, evaluate its current services, policies,

and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.

(b) A public entity shall provide an opportunity to interested persons, including individuals with

disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.

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(c) A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:\ (1) A list of the interested persons consulted; (2) A description of areas examined and any problems identified; and (3) A description of any modifications made.

(d) If a public entity has already complied with the self-evaluation requirement of a regulation implementing

Section 504 of the Rehabilitation Act of 1973, then the requirements of this Section shall apply only to those policies and practices that were not included in the previous self- evaluation.

§ 35.106 Notice.

A public entity shall make available to applicants, participants, beneficiaries, and other interested persons information regarding the provisions of this part and its applicability to the services, programs, or activities of the public entity, and make such information available to them in such manner as the head of the entity finds necessary to apprise such persons of the protections against discrimination assured them by the Act and this part.

§ 35.107 Designation of responsible employee and adoption of grievance procedures.

(a) Designation of responsible employee. A public entity that employs 50 or more persons shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this part, including any investigation of any complaint communicated to it alleging its noncompliance with this part or alleging any actions that would be prohibited by this part. The public entity shall make available to all inter-ested individuals the name, office address, and telephone number of the employee or employees designated pursuant to this paragraph.

(b) Complaint procedure. A public entity that employs 50 or more persons shall adopt and publish grievance procedures providing for prompt and equitable resolution of complaints alleging any action that would be prohibited by this part.

§§ 35.108 - 35.129 [Reserved] Subpart B -- General Requirements § 35.130 General prohibitions against discrimination. (a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or

be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimi-nation by any public entity.

(b) (1) A public entity, in providing any aid, benefit, or service, may not, directly or through contractual,

licensing, or other arrangements, on the basis of disability --

(i) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others; (iii) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;

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(iv) Provide different or separate aids, benefits, or services to individuals with disabilities or to any class of individuals with disabilities than is provided to others unless such action is necessary to pro-vide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; (v) Aid or perpetuate discrimination against a qualified individual with a disability by providing significant assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the public entity's program; (vi) Deny a qualified individual with a disability the opportunity to participate as a member of planning or advisory boards; (vii) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving the aid, benefit, or service.

(2) A public entity may not deny a qualified individual with a disability the opportunity to participate

in services, programs, or activities that are not separate or different, despite the existence of permissibly separate or different programs or activities.

(3) A public entity may not, directly or through contractual or other arrangements, utilize criteria or

methods of administration:

(i) That have the effect of subjecting qualified individuals with disabilities to discrimination on the basis of disability; (ii) That have the purpose or effect of defeating or substantially impairing accomplishment of the objectives of the public entity's program with respect to individuals with disabilities; or (iii) That perpetuate the discrimination of another public entity if both public entities are subject to common administrative control or are agencies of the same State.

(4) A public entity may not, in determining the site or location of a facility, make selections --

(i) That have the effect of excluding individuals with disabilities from, denying them the benefits of, or otherwise subjecting them to discrimination; or (ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the service, program, or activity with respect to individuals with disabilities.

(5) A public entity, in the selection of procurement contractors, may not use criteria that subject qualified individuals with disabilities to discrimination on the basis of disability.

(6) A public entity may not administer a licensing or certification program in a manner that subjects quali-fied individuals with disabilities to discrimination on the basis of disability, nor may a public entity es-tablish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of en-tities that are licensed or certified by a public entity are not, themselves, covered by this part.

(7) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

(8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.

(c) Nothing in this part prohibits a public entity from providing benefits, services, or advantages to individuals with disabilities, or to a particular class of individuals with disabilities beyond those required by this part.

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(d) A public entity shall administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.

(e) (1) Nothing in this part shall be construed to require an individual with a disability to accept an

accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept. (2) Nothing in the Act or this part authorizes the representative or guardian of an individual with disability

to decline food, water, medical treatment, or medical services for that individual.

(f) A public entity may not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids or pro-gram accessibility, that are required to provide that individual or group with the nondiscriminatory treatment required by the Act or this part.

(g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

§ 35.131 Illegal use of drugs.

(a) General.

(1) Except as provided in paragraph (b) of this Section, this part does not prohibit discrimination against an individual based on that individual's current illegal use of drugs.

(2) A public entity shall not discriminate on the basis of illegal use of drugs against an individual who is not engaging in current illegal use of drugs and who--

(i) Has successfully completed a supervised drug rehabilitation program or has otherwise been rehabilitated successfully; (ii) Is participating in a supervised rehabilitation program; or (iii) Is erroneously regarded as engaging in such use.

(b) Health and drug rehabilitation services.

(1) A public entity shall not deny health services, or services provided in connection with drug rehabilitation, to an individual on the basis of that individual's current illegal use of drugs, if the individual is otherwise entitled to such services.

(2) A drug rehabilitation or treatment program may deny participation to individuals who engage in illegal use of drugs while they are in the program.

(c) Drug testing.

(1) This part does not prohibit a public entity from adopting or administering reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual who formerly engaged in the illegal use of drugs is not now engaging in current illegal use of drugs.

(2) Nothing in paragraph (c) of this Section shall be construed to encourage, prohibit, restrict, or authorize the conduct of testing for the illegal use of drugs.

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§ 35.132 Smoking.

This part does not preclude the prohibition of, or the imposition of restrictions on, smoking in transportation covered by this part.

§ 35.133 Maintenance of accessible features.

(a) A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.

(b) This Section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.

§ 35.134 Retaliation or coercion.

(a) No private or public entity shall discriminate against any individual because that individual has opposed any act or practice made unlawful by this part, or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Act or this part.

(b) No private or public entity shall coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the Act or this part.

§ 35.135 Personal devices and services.

This part does not require a public entity to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for per-sonal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.

§§ 35.136 - 35.139 [Reserved]

Subpart C -- Employment

§ 35.140 Employment discrimination prohibited.

(a) No qualified individual with a disability shall, on the basis of disability, be subjected to discrimination in employment under any service, program, or activity conducted by a public entity.

(b) (1) For purposes of this part, the requirements of Title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment in any service, program, or activity conducted by a public entity if that public entity is also subject to the jurisdiction of Title I.

(2) For the purposes of this part, the requirements of Section 504 of the Rehabilitation Act of 1973, as established by the regulations of the Department of Justice in 28 CFR Part 41, as those requirements pertain to employment, apply to employment in any service, program, or activity conducted by a public entity if that public entity is not also subject to the jurisdiction of Title I.

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§§ 35.141 - 35.148 [Reserved]

Subpart D -- Program Accessibility

§ 35.149 Discrimination prohibited.

Except as otherwise provided in § 35.150, no qualified individual with a disability shall, because a public entity's facilities are inaccessible to or unusable by individuals with disabilities, be excluded from participation in, or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

§ 35.150 Existing facilities.

(a) General. A public entity shall operate each service, program, or activity so that the service, program, or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities. This paragraph does not --

(1) Necessarily require a public entity to make each of its existing facilities accessible to and usable by individuals with disabilities;

(2) Require a public entity to take any action that would threaten or destroy the historic significance of an historic property; or

(3) Require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative bur-dens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and ad-ministrative burdens, a public entity has the burden of proving that compliance with § 35.150(a) of this part would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of a public entity or his or her designee after consid-ering all resources available for use in the funding and operation of the service, program, or activity, and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that indi-viduals with disabilities receive the benefits or services provided by the public entity.

(b) Methods.

(1) General. A public entity may comply with the requirements of this Section through such means as redesign of equipment, reassignment of services to accessible buildings, assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites, alteration of existing facili-ties and construction of new facilities, use of accessible rolling stock or other conveyances, or any other methods that result in making its services, programs, or activities readily accessible to and us-able by individuals with disabilities. A public entity is not required to make structural changes in exist-ing facilities where other methods are effective in achieving compliance with this Section. A public entity, in making alterations to existing buildings, shall meet the accessibility requirements of § 35.151. In choosing among available methods for meeting the requirements of this Section, a public entity shall give priority to those methods that offer services, programs, and activities to qualified indi-viduals with disabilities in the most integrated setting appropriate.

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(2) Historic preservation programs. In meeting the requirements of § 35.150(a) in historic preservation programs, a public entity shall give priority to methods that provide physical access to individuals with disabilities. In cases where a physical alteration to an historic property is not required because of paragraph (a)(2) or (a)(3) of this Section, alternative methods of achieving program accessibility include --

(i) Using audio-visual materials and devices to depict those portions of an historic property that can-not otherwise be made accessible; (ii) Assigning persons to guide individuals with handicaps into or through portions of historic properties that cannot otherwise be made accessible; or

(c) Time period for compliance. Where structural changes in facilities are undertaken to comply with the obliga-tions established under this Section, such changes shall be made within three years of the effective date of this part, but in any event as expeditiously as possible.

(d) Transition plan.

(1) In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of the effective date of this part, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organiza-tions representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection.

(2) If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan

shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

(3) The plan shall, at a minimum --

(i) Identify physical obstacles in the public entity's facilities that limit the accessibility of its programs or activities to individuals with disabilities; (ii) Describe in detail the methods that will be used to make the facilities accessible; (iii) Specify the schedule for taking the steps necessary to achieve compliance with this Section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and (iv) Indicate the official responsible for implementation of the plan.

(4) If a public entity has already complied with the transition plan requirement of a Federal agency regu-lation implementing Section 504 of the Rehabilitation Act of 1973, then the requirements of this para-graph shall apply only to those policies and practices that were not included in the previous transition plan.

§ 35.151 New construction and alterations.

(a) Design and construction. Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.

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(b) Alteration. Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992.

(c) Accessibility standards. Design, construction, or alteration of facilities in conformance with the Uniform Federal Accessibility Standards (UFAS) (Appendix A to 41 CFR Part 101-19.6) or with the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities (ADAAG) (Appendix A to 34 CFR Part 36) shall be deemed to comply with the requirements of this Section with respect to those facilities, except that the elevator exemption contained at § 4.1.3(5) and § 4.1.6(1)(j) of ADAAG shall not apply. Departures from particular requirements of either standard by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided.

(d) Alterations: Historic properties.

(1) Alterations to historic properties shall comply, to the maximum extent feasible, with § 4.1.7 of UFAS or § 4.1.7 of ADAAG.

(2) If it is not feasible to provide physical access to an historic property in a manner that will not threaten or destroy the historic significance of the building or facility, alternative methods of access shall be provided pursuant to the requirements of § 35.150.

(e) Curb ramps.

(1) Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.

(2) Newly constructed or altered street level pedestrian walkways must contain curb ramps or other sloped areas at intersections to streets, roads, or highways.

§§ 35.152 - 35.159 [Reserved]

Subpart E -- Communications

§ 35.160 General.

(a) A public entity shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.

(b) (1) A public entity shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by a public entity.

(2) In determining what type of auxiliary aid and service is necessary, a public entity shall give primary consideration to the requests of the individual with disabilities.

§ 35.161 Telecommunication devices for the deaf (TDDs). Where a public entity communicates by telephone with applicants and beneficiaries, TDDs or equally effective telecommunication systems shall be used to communicate with individuals with impaired hearing or speech.

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§ 35.162 Telephone emergency services. Telephone emergency services, including 911 services, shall provide direct access to individuals who use TDDs and computer modems. § 35.163 Information and signage. (a) A public entity shall ensure that interested persons, including persons with impaired vision or hearing, can

obtain information as to the existence and location of accessible services, activities, and facilities. (b) A public entity shall provide signage at all inaccessible entrances to each of its facilities, directing users to

an accessible entrance or to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each accessible entrance of a facility.

§ 35.164 Duties. This Subpart does not require a public entity to take any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative bur-dens, a public entity has the burden of proving that compliance with this Subpart would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the head of the public entity or his or her designee after considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this Subpart would result in such an alteration or such burdens, a public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity. §§ 35.165 - 35.169 [Reserved] Subpart F - Compliance Procedures § 35.170 Complaints. (a) Who may file. An individual who believes that he or she or a specific class of individuals has been

subjected to discrimination on the basis of disability by a public entity may, by himself or herself or by an authorized representative, file a complaint under this part.

(b) Time for filing. A complaint must be filed not later than 180 days from the date of the alleged

discrimination, unless the time for filing is extended by the designated agency for good cause shown. A complaint is deemed to be filed under this Section on the date it is first filed with any Federal agency.

(c) Where to file. An individual may file a complaint with any agency that he or she believes to be the

appropriate agency designated under Subpart G of this part, or with any agency that provides funding to the public entity that is the subject of the complaint, or with the Department of Justice for referral as provided in § 35.171(a)(2).

§ 35.171 Acceptance of complaints. (a) Receipt of complaints. (1)(i) Any Federal agency that receives a complaint of discrimination on the basis of disability by a

public entity shall promptly review the complaint to determine whether it has jurisdiction over the complaint under Section 504.

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(ii) If the agency does not have Section 504 jurisdiction, it shall promptly determine whether it is the designated agency under Subpart G of this part responsible for complaints filed against that public entity.

(2) (i) If an agency other than the Department of Justice determines that it does not have Section 504

jurisdiction and is not the designated agency, it shall promptly refer the complaint, and notify the complainant that it is referring the complaint to the Department of Justice. (ii) When the Department of Justice receives a complaint for which it does not have jurisdiction under Section 504 and is not the designated agency, it shall refer the complaint to an agency that does have jurisdiction under Section 504 or to the appropriate agency designated in Subpart G of this part or, in the case of an employment complaint that is also subject to Title I of the Act, to the Equal Employment Opportunity Commission.

(3) (i) If the agency that receives a complaint has Section 504 jurisdiction, it shall process the

complaint according to its procedures for enforcing Section 504. (ii) If the agency that receives a complaint does not have Section 504 jurisdiction, but is the designated agency, it shall process the complaint according to the procedures established by this Subpart.

(b) Employment complaints.

(1) If a complaint alleges employment discrimination subject to Title I of the Act, and the agency has Section 504 jurisdiction, the agency shall follow the procedures issued by the Department of Jus-tice and the Equal Employment Opportunity Commission under Section 107(b) of the Act.

(2) If a complaint alleges employment discrimination subject to Title I of the Act, and the designated

agency does not have Section 504 jurisdiction, the agency shall refer the complaint to the Equal Employment Opportunity Commission for processing under Title I of the Act.

(3) Complaints alleging employment discrimination subject to this part, but not to Title I of the Act shall

be processed in accordance with the procedures established by this Subpart. (c) Complete complaints.

(1) A designated agency shall accept all complete complaints under this Section and shall promptly notify the complainant and the public entity of the receipt and acceptance of the complaint.

(2) If the designated agency receives a complaint that is not complete, it shall notify the complainant and specify the additional information that is needed to make the complaint a complete complaint. If the complainant fails to complete the complaint, the designated agency shall close the complaint without prejudice.

§ 35.172 Resolution of complaints. (a) The designated agency shall investigate each complete complaint, attempt informal resolution, and, if

resolution is not achieved, issue to the complainant and the public entity a Letter of Findings that shall include --

(1) Findings of fact and conclusions of law; (2) A description of a remedy for each violation found; and (3) Notice of the rights available under paragraph (b) of this Section.

(b) If the designated agency finds noncompliance, the procedures in §§ 35.173 and 35.174 shall be followed. At any time, the complainant may file a private suit pursuant to Section 203 of the Act, whether or not the designated agency finds a violation.

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§ 35.173 Voluntary compliance agreements. (a) When the designated agency issues a noncompliance Letter of Findings, the designated agency shall--

(1) Notify the Assistant Attorney General by forwarding a copy of the Letter of Findings to the Assistant Attorney General; and

(2) Initiate negotiations with the public entity to secure compliance by voluntary means.

(b) Where the designated agency is able to secure voluntary compliance, the voluntary compliance

agreement shall --

(1) Be in writing and signed by the parties; (2) Address each cited violation; (3) Specify the corrective or remedial action to be taken, within a stated period of time, to come into

compliance; (4) Provide assurance that discrimination will not recur; and (5) Provide for enforcement by the Attorney General.

§ 35.174 Referral. If the public entity declines to enter into voluntary compliance negotiations or if negotiations are unsuccessful, the designated agency shall refer the matter to the Attorney General with a recommendation for appropriate action. § 35.175 Attorney's fees. In any action or administrative proceeding commenced pursuant to the Act or this part, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. § 35.176 Alternative means of dispute resolution. Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, factfinding, minitrials, and arbitration, is encouraged to resolve disputes arising under the Act and this part. § 35.177 Effect of unavailability of technical assistance. A public entity shall not be excused from compliance with the requirements of this part because of any failure to receive technical assistance, including any failure in the development or dissemination of any technical assistance manual authorized by the Act. § 35.178 State immunity. A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.

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§§ 35.179 - 35.189 [Reserved] Subpart G -- Designated Agencies § 35.190 Designated agencies. (a) The Assistant Attorney General shall coordinate the compliance activities of Federal agencies with respect

to State and local government components, and shall provide policy guidance and interpretations to desig-nated agencies to ensure the consistent and effective implementation of the requirements of this part.

(b) The Federal agencies listed in paragraph (b)(1)-(8) of this Section shall have responsibility for the

implementation of Subpart F of this part for components of State and local governments that exercise responsibilities, regulate, or administer services, programs, or activities in the following functional areas:

(1) Department of Agriculture: all programs, services, and regulatory activities relating to farming and

the raising of livestock, including extension services.

(2) Department of Education: all programs, services, and regulatory activities relating to the operation of elementary and secondary education systems and institutions, institutions of higher education and vocational education (other than schools of medicine, dentistry, nursing, and other health-related schools), and libraries.

(3) Department of Health and Human Services: all programs, services, and regulatory activities relat-

ing to the provision of health care and social services, including schools of medicine, dentistry, nursing, and other health-related schools, the operation of health care and social service providers and institutions, including "grass-roots" and community services organizations and programs, and preschool and daycare programs.

(4) Department of Housing and Urban Development: all programs, services, and regulatory activities

relating to State and local public housing, and housing assistance and referral. (5) Department of Interior: all programs, services, and regulatory activities relating to lands and

natural resources, including parks and recreation, water and waste management, environmental protection, energy, historic and cultural preservation, and museums.

(6) Department of Justice: all programs, services, and regulatory activities relating to law

enforcement, public safety, and the administration of justice, including courts and correctional institutions; commerce and industry, including general economic development, banking and finance, consumer protection, insurance, and small business; planning, development, and regula-tion (unless assigned to other designated agencies); State and local government support services (e.g., audit, personnel, comptroller, administrative services); all other government functions not assigned to other designated agencies.

(7) Department of Labor: all programs, services, and regulatory activities relating to labor and the

work force. (8) Department of Transportation: all programs, services, and regulatory activities relating to

transportation, including highways, public transportation, traffic management (non-law enforce-ment), automobile licensing and inspection, and driver licensing.

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(c) Responsibility for the implementation of Subpart F of this part for components of State or local govern-

ments that exercise responsibilities, regulate, or administer services, programs, or activities relating to functions not assigned to specific designated agencies by paragraph (b) of this Section may be assigned to other specific agencies by the Department of Justice.

(d) If two or more agencies have apparent responsibility over a complaint, the Assistant Attorney General

shall determine which one of the agencies shall be the designated agency for purposes of that complaint. §§ 35.191 - 35.999 [Reserved]

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4 — I — 53

ADA/504 REGULATIONS

49 CFR Part 27

PART 27—NONDISCRIMINATION ON THE BASIS OF DISABILITY IN PROGRAMS AND ACTIVITIES

RECEIVING OR BENEFITTING FROM FEDERAL FINANCIAL ASSISTANCE (Section 504 of the Rehabilitation Act of 1973)

Subpart A— General Sec. 27.1 Purpose. 27.3 Applicability. 27.5 Definitions. 27.7 Discrimination prohibited. 27.9 Assurance required. 27.11 Remedial action, voluntary action, and compliance planning. 27.13 Designation of responsible employee and adoption of grievance procedures. 27.15 Notice. 27.17 Effect of State or local law. 27.19 Compliance with Americans with Disabilities Act requirements and FTA policy. Subpart B— Program Accessibility Requirements in Specific Operating Administration Programs: Airports, Railroads, and Highways 27.71 Airport facilities. 27.72 Boarding assistance for aircraft. 27.75 Federal Highway Administration—highways. 27.77 Recipients of Essential Air Service subsidies. Subpart C— Enforcement 27.121 Compliance information. 27.123 Conduct of investigations. 27.125 Compliance procedure. 27.127 Hearings. 27.129 Decisions and notices. Authority: Sec. 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); sec. 16 (a) and (d) of the Federal Transit Act of 1964, as amended (49 U.S.C. 5310 (a) and (f); sec. 165(b) of the Federal-Aid Highway Act of 1973, as amended (23 U.S.C. 142 nt.). Source: 44 FR 3l468, May 31, l979, unless otherwise noted. Editorial Note: Nomenclature changes to part 27 appear at 61 FR 56424, Nov. 1, 1996.

Subpart A—General §27.1 Purpose. The purpose of this part is to carry out the intent of Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) as amended, to the end that no otherwise qualified individual with a disability in the United States shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. §27.3 Applicability. (a) This part applies to each recipient of Federal financial assistance from the Department of Transportation

and to each program or activity that receives or benefits from such assistance. (b) Design, construction, or alteration of buildings or other fixed facilities by public entities subject to part 37

of this Title shall be in conformance with appendix A to part 37 of this Title. All other entities subject to Section 504 shall design, construct or alter a building, or other fixed facilities shall be in conformance with either appendix A to part 37 of this Title or the Uniform Federal Accessibility Standards, 41 CFR part 101–19 subpart 101–19.6, appendix A.

[44 FR 31468, May 31, 1979, as amended at 56 FR 45621, Sept. 6, 1991] §27.5 Definitions. As used in this part: Act means the Rehabilitation Act of 1973, Public Law 93–112, as amended. Applicant means one who submits an application, request, or plan to be approved by a Departmental official or by a primary recipient as a condition to eligibility for Federal financial assistance, and application means such an application, request, or plan. Commercial service airport means an airport that is defined as a commercial service airport for purposes of the Federal Aviation Administration's Airport Improvement Program and that enplanes annually 2500 or more pas-sengers and receives scheduled passenger service of aircraft. Department means the Department of Transportation. Discrimination means denying handicapped persons the opportunity to participate in or benefit from any program or activity receiving Federal financial assistance. Facility means all or any portion of buildings, structures, vehicles, equipment, roads, walks, parking lots, or other real or personal property or interest in such property. Federal financial assistance means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes avail-able assistance in the form of: (a) Funds; (b) Services of Federal personnel; or (c) Real or personal property or any interest in, or use of such property, including:

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(1) Transfers or leases of such property for less than fair market value or for reduced consideration; and

(2) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair mar-

ket value is not returned to the Federal Government.

Handicapped person means (1) any person who:

(a) has a physical or mental impairment that substantially limits one or more major life activities (b) has a record of such an impairment, or (c) is regarded as having such an impairment.

(2) As used in this definition, the phrase:

(a) Physical or mental impairment means (i) any physiological disorder or condition, cosmetic

disfigurement, or anatomical loss affecting one or more of the following body systems: neuro-logical; musculoskeletal; special sense organs; respiratory, including speech organs; cardio-vascular, reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or (ii) any mental or psychological disorder, such as mental retardation, organic brain syn-drome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multi-ple sclerosis; cancer; heart disease; mental retardation; emotional illness; drug addiction; and alcoholism.

(b) Major life activities means functions such as caring for one's self, performing manual tasks,

walking, seeing, hearing, speaking, breathing, learning, and working. (c) Has a record of such an impairment means has a history of, or has been classified, or mis-

classified, as having a mental or physical impairment that substantially limits one or more major life activities.

(d) Is regarded as having an impairment means (1) Has a physical or mental impairment that

does not substantially limit major life activities but that is treated by a recipient as constituting such a limitation; (2) Has a physical or mental impairment that substantially limits major life activity only as a result of the attitudes of others toward such an impairment; or (3) Has none of the impairments set forth in paragraph (1) of this definition, but is treated by a recipient as having such an impairment.

Head of Operating Administration means the head of an operating administration within the Department (U.S. Coast Guard, Federal Highway Administration, Federal Aviation Administration, Federal Railroad Administration, National Highway Traffic Safety Administration, Federal Transit Administration, and Research and Special Pro-grams Administration) providing Federal financial assistance to the recipient. Primary recipient means any recipient that is authorized or required to extend Federal financial assistance from the Department to another recipient for the purpose of carrying out a program. Qualified handicapped person means:

(1) With respect to employment, a handicapped person who, with reasonable accommodation and within normal safety requirements, can perform the essential functions of the job in question, but the term does not include any individual who is an alcoholic or drug abuser whose current use of alcohol or drugs prevents such person from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct threat to property or the safety of others; and

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(2) With respect to other activities, a handicapped person who meets the essential eligibility require-ments for the receipt of such services.

Recipient means any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdi-vision thereof, or instrumentality thereof, any public or private agency, institution, organization, or other entity, or any individual in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom Federal finan-cial assistance from the Department is extended directly or through another recipient, for any Federal program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary under any such program. Secretary means the Secretary of Transportation. Section 504 means Section 504 of the Act. Special service system means a transportation system specifically designed to serve the needs of persons who, by reason of disability, are physically unable to use bus systems designed for use by the general public. Special service is characterized by the use of vehicles smaller than a standard transit bus which are us-able by handicapped persons, demand-responsive service, point of origin to point of destination service, and flexible routing and scheduling. [44 FR 31468, May 31, 1979, as amended by Amdt. 1, 46 FR 37492, July 20, 1981; Amdt. 27–3, 51 FR 19017, May 23, 1986; 56 FR 45621, Sept. 6, 1991; 61 FR 32354, June 24, 1996; 61 FR 56424, Nov. 1, 1996] §27.7 Discrimination prohibited. (a) General. No qualified handicapped person shall, solely by reason of his disability, be excluded from par-

ticipation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance administered by the Department of Transportation.

(b) Discriminatory actions prohibited.

(1) A recipient, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements, on the basis of disability:

(i) Deny a qualified handicapped person the opportunity to participate in or benefit from the aid, benefit, or service; (ii) Afford a qualified handicapped person an opportunity to participate in or benefit from the aid, benefit, or service that is not substantially equal to that afforded persons who are not handicapped; (iii) Provide a qualified handicapped person with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as persons who are not handicapped; (iv) Provide different or separate aid, benefits, or services to handicapped persons or to any class of handicapped persons unless such action is necessary to provide qualified handicapped persons with aid, benefits or services that are as effective as those provided to persons who are not handicapped; (v) Aid or perpetuate discrimination against a qualified handicapped person by providing financial or other assistance to an agency, organization, or person that discriminates on the basis of disability in providing any aid, benefit, or service to beneficiaries of the recipient's program; (vi) Deny a qualified handicapped person the opportunity to participate in conferences, in planning or advising recipients, applicants or would-be applicants, or (vii) Otherwise limit a qualified handicapped person in the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others receiving an aid, benefit, or service.

(2) For purposes of this part, aids, benefits, and services, to be equally effective, are not required to produce the identical result or level of achievement for handicapped and non-handicapped persons, but must afford handicapped persons equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting that is reasonably achievable.

(3) Even if separate or different programs or activities are available to handicapped persons, a recipient

may not deny a qualified handicapped person the opportunity to participate in the programs or activities that are not separate or different.

(4) A recipient may not, directly or through contractual or other arrangements, utilize criteria or methods

of administration:

(i) That have the effect of subjecting qualified handicapped persons to discrimination on the basis of disability, (ii) That have the purpose or effect of defeating or substantially reducing the likelihood that handicapped persons can benefit by the objectives of the recipient's program, or (iii) That yield or perpetuate discrimination against another recipient if both recipients are subject to common administrative control or are agencies of the same State.

(5) In determining the site or location of a facility, an applicant or a recipient may not make selections:

(i) That have the effect of excluding handicapped persons from, denying them the benefits of, or otherwise subjecting them to discrimination under any program or activity that receives or benefits from Federal financial assistance, or (ii) That have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the program or activity with respect to handicapped persons.

(6) As used in this Section, the aid benefit, or service provided under a program or activity receiving or

benefiting from Federal financial assistance includes any aid, benefit, or service provided in or through a facility that has been constructed, expanded, altered, leased or rented, or otherwise acquired, in whole or in part, with Federal financial assistance.

(c) Communications. Recipients shall take appropriate steps to ensure that communications with their

applicants, employees, and beneficiaries are available to persons with impaired vision and hearing. (d) Programs limited by Federal law. In programs authorized by Federal statute or executive order that are

designed especially for the handicapped, or for a particular class of handicapped persons, the exclusion of non-handicapped or other classes of handicapped persons is not prohibited by this part.

§27.9 Assurance required. (a) General. Each application for Federal financial assistance to carry out a program to which this part

applies, and each application to provide a facility, shall, as a condition to approval or extension of any Federal financial assistance pursuant to the application, contain, or be accompanied by, written assurance that the program will be conducted or the facility operated in compliance with all the requirements imposed by or pursuant to this part. An applicant may incorporate these assurances by reference in subsequent applications to the Department.

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(b) Future effect of assurances. Recipients of Federal financial assistance, and transferees of property obtained by a recipient with the participation of Federal financial assistance, are bound by the recipient's assurance under the following circumstances:

(1) When Federal financial assistance is provided in the form of a conveyance of real property or an interest in real property from the Department of Transportation to a recipient, the instrument of conveyance shall include a covenant running with the land binding the recipient and subsequent transferees to comply with the requirements of this part for so long as the property is used for the purpose for which the Federal financial assistance was provided or for a similar purpose.

(2) When Federal financial assistance is used by a recipient to purchase or improve real property, the assurance provided by the recipient shall obligate the recipient to comply with the requirements of this part and require any subsequent transferee of the property, who is using the property for the purpose for which the Federal financial assistance was provided, to agree in writing to comply with the requirements of this part. The obligations of the recipient and transferees under this part shall continue in effect for as long as the property is used for the purpose for which Federal financial as-sistance was provided or for a similar purpose.

(3) When Federal financial assistance is provided to the recipient in the form of, or is used by the recipi-ent to obtain, personal property, the assurance provided by the recipient shall obligate the recipient to comply with the requirements of this part for the period it retains ownership or possession of the property or the property is used by a transferee for purposes directly related to the operations of the recipient.

(4) When Federal financial assistance is used by a recipient for purposes other than to obtain property, the assurance provided shall obligate the recipient to comply with the requirements of this part for the period during which the Federal financial assistance is extended to the program.

§27.11 Remedial action, voluntary action and compliance planning. (a) Remedial action.

(1) If the responsible Departmental official finds that a qualified handicapped person has been excluded from participation in, denied the benefits of, or otherwise subjected to discrimination under, any pro-gram or activity in violation of this part, the recipient shall take such remedial action as the responsi-ble Departmental official deems necessary to overcome the effects of the violation.

(2) Where a recipient is found to have violated this part, and where another recipient exercises control over the recipient that has violated this part, the responsible Departmental official, where appropri-ate, may require either or both recipients to take remedial action.

(3) The responsible Departmental official may, where necessary to overcome the effects of a violation of this part, require a recipient to take remedial action:

(i) With respect to handicapped persons who are no longer participants in the recipient's program but who were participants in the program when such discrimination occurred, and

(ii) With respect to handicapped persons who would have been participants in the program had the discrimination not occurred.

(b) Voluntary action. A recipient may take steps, in addition to any action that is required by this part, to assure the full participation in the recipient's program or activity by qualified handicapped persons.

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(c) Compliance planning.

(1) A recipient shall, within 90 days from the effective date of this part, designate and forward to the head of any operating administration providing financial assistance, with a copy to the responsible Departmental official the names, addresses, and telephone numbers of the persons responsible for evaluating the recipient's compliance with this part.

(2) A recipient shall, within 180 days from the effective date of this part, after consultation at each step

in paragraphs (c)(2) (i)–(iii) of this Section with interested persons, including handicapped persons and organizations representing the handicapped:

(i) Evaluate its current policies and practices for implementing these regulations, and notify the head of the operating administration of the completion of this evaluation; (ii) Identify shortcomings in compliance and describe the methods used to remedy them; (iii) Begin to modify, with official approval of recipient's management, any policies or practices that do not meet the requirements of this part according to a schedule or sequence that includes mile-stones or measures of achievement. These modifications shall be completed within one year from the effective date of this part; (iv) Take appropriate remedial steps to eliminate the effects of any discrimination that resulted from previous policies and practices; and (v) Establish a system for periodically reviewing and updating the evaluation.

(3) A recipient shall, for at least three years following completion of the evaluation required under para-

graph (c)(2) of this Section, maintain on file, make available for public inspection, and furnish upon request to the head of the operating administration:

(i) A list of the interested persons consulted; (ii) A description of areas examined and any problems identified; and (iii) A description of any modifications made and of any remedial steps taken.

§27.13 Designation of responsible employee and adoption of grievance procedures. (a) Designation of responsible employee. Each recipient that employs fifteen or more persons shall, within

90 days of the effective date of this regulation, forward to the head of the operating administration that provides financial assistance to the recipient, with a copy to the responsible Departmental official, the name, address, and telephone number of at least one person designated to coordinate its efforts to comply with this part. Each such recipient shall inform the head of the operating administration of any subsequent change.

(b) Adoption of complaint procedures. A recipient that employs fifteen or more persons shall, within 180

days, adopt and file with the head of the operating administration procedures that incorporate appropri-ate due process standards and provide for the prompt and equitable resolution of complaints alleging any action prohibited by this part.

§27.15 Notice. (a) A recipient shall take appropriate initial and continuing steps to notify participants, beneficiaries,

applicants, and employees, including those with impaired vision or hearing, and unions or professional organizations holding collective bargaining or professional agreements with the recipient, that it does not discriminate on the basis of disability. The notification shall State, where appropriate, that the recipient does not discriminate in admission or access to, or treatment or employment in, its

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programs or activities. The notification shall also include an identification of the responsible employee designated pursuant to §27.13(a). A recipient shall make the initial notification required by this Section within 90 days of the effective date of this part. Methods of initial and continuing notification may include the posting of notices, publication in newspapers and magazines, placement of notices in recipients’ publications and distribution of memoranda or other written communications.

(b) If a recipient publishes or uses recruitment materials or publications containing general information that it makes available to participants, beneficiaries, applicants, or employees, it shall include in those materi-als or publications a statement of the policy described in paragraph (a) of this Section. A recipient may meet the requirement of this paragraph either by including appropriate inserts in existing materials and publications or by revising and reprinting the materials and publications. In either case, the addition or revision must be specially noted.

§27.17 Effect of State or local law. The obligation to comply with this part is not obviated or affected by any State or local law. §27.19 Compliance with Americans with Disabilities Act requirements and FTA policy. (a) Recipients subject to this part (whether public or private entities as defined in 49 CFR part 37) shall

comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. 12101–12213) including the Department's ADA regulations (49 CFR parts 37 and 38), the regulations of the Department of Justice implementing Titles II and III of the ADA (28 CFR parts 35 and 36), and the regulations of the Equal Employment Opportunity Commission (EEOC) implementing Title I of the ADA (29 CFR part 1630). Compliance with the EEOC Title I regulations is required as a condition of compli-ance with Section 504 for DOT recipients even for organizations which, because they have fewer than 25 or 15 employees, would not be subject to the EEOC regulation in its own right. Compliance with all these regulations is a condition of receiving Federal financial assistance from the Department of Trans-portation. Any recipient not in compliance with this requirement shall be subject to enforcement action under subpart F of this part.

(b) Consistent with FTA policy, any recipient of Federal financial assistance from the Federal Transit Administration whose solicitation was made before August 26, 1990, and is for one or more inaccessible vehicles, shall provide written notice to the Secretary (e.g., in the case of a solicitation made in the past under which the recipient can order additional new buses after the effective date of this Section). The Secretary shall review each case individually, and determine whether the Department will continue to participate in the Federal grant, consistent with the provisions in the grant agreement between the Department and the recipient.

[55 FR 40763, Oct. 4, 1990, as amended at 56 FR 45621, Sept. 6, 1991; 61 FR 32354, June 24, 1996] Subpart B—Program Accessibility Requirements in Specific Operating Administration Programs: Airports, Railroads, and Highways §27.71 Airport facilities. (a) This Section applies to all terminal facilities and services owned, leased, or operated on any basis by a

recipient of DOT financial assistance at a commercial service airport, including parking and ground transportation facilities.

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(b) Airport operators shall ensure that the terminal facilities and services subject to this Section shall be readily accessible to and usable by individuals with disabilities, including individuals who use wheel-chairs. Airport operators shall be deemed to comply with this Section 504 obligation if they meet require-ments applying to State and local government programs and facilities under Department of Justice (DOJ) regulations implementing Title II of the Americans with Disabilities Act (ADA).

(c) The airport shall ensure that there is an accessible path between the gate and the area from which

aircraft are boarded. (d) Systems of inter-terminal transportation, including, but not limited to, shuttle vehicles and people

movers, shall comply with applicable requirements of the Department of Transportation's ADA rules. (e) The Americans with Disabilities Act Accessibility Guidelines (ADAAGs), including Section 10.4

concerning airport facilities, shall be the standard for accessibility under this Section. (f) Contracts or leases between carriers and airport operators concerning the use of airport facilities shall

set forth the respective responsibilities of the parties for the provision of accessible facilities and services to individuals with disabilities as required by this part and applicable ADA rules of the Department of Transportation and Department of Justice for airport operators and applicable Air Carrier Access Act rules (49 CFR part 382) for carriers.

(g) If an airport operator who receives Federal financial assistance for an existing airport facility has not

already done so, the recipient shall submit a transition plan meeting the requirements of §27.65(d) of this part to the FAA no later than March 3, 1997.

[61 FR 56424, Nov. 1, 1996] §27.72 Boarding assistance for aircraft. (a) Paragraphs (b)–(e) of this Section apply to airports with 10,000 or more annual enplanements. (b) Airports shall, in cooperation with carriers serving the airports, provide boarding assistance to individuals

with disabilities using mechanical lifts, ramps, or other devices that do not require employees to lift or carry passengers up stairs. Paragraph (c) of this Section applies to aircraft with a seating capacity of 19 through 30 passengers. Paragraph (d) of this Section applies to aircraft with a seating capacity of 31 or more passengers.

(c) (1) Each airport operator shall negotiate in good faith with each carrier serving the airport concerning the acquisition and use of boarding assistance devices for aircraft with a seating capacity of19

through 30 passengers. The airport operator and the carrier(s) shall, by no later than September 2, 1997, sign a written agreement allocating responsibility for meeting the boarding assistance requirements of this Section between or among the parties. The agreement shall be made avail-able, on request, to representatives of the Department of Transportation.

(2) The agreement shall provide that all actions necessary to ensure accessible boarding for

passengers with disabilities are completed as soon as practicable, but no later than December 2, 1998, at large and medium commercial service hub airports (those with 1,200,000 or more annual enplanements); December 2, 1999, for small commercial service hub airports (those with between 250,000 and 1,199,999 annual enplanements); or December 2, 2000, for non-hub commercial service primary airports (those with between 10,000 and 249,999 annual enplanements). All air carriers and airport operators involved are jointly responsible for the timely and complete implementation of the agreement.

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(3) Boarding assistance under the agreement is not required in the following situations:

(i) Access to aircraft with a capacity of fewer than 19 or more than 30 seats;

(ii) Access to float planes;

(iii) Access to the following 19-seat capacity aircraft models: the Fairchild Metro, the Jetstream 31, and the Beech 1900 (C and D models);

(iv) Access to any other 19-seat aircraft model determined by the Department of Transportation to be unsuitable for boarding assistance by lift, ramp or other suitable device on the basis of a signifi-cant risk of serious damage to the aircraft or the presence of internal barriers that preclude passen-gers who use a boarding or aisle chair to reach a non-exit row seat.

(4) When boarding assistance is not required to be provided under paragraph (c)(3) of this Section, or cannot be provided as required by paragraphs (b) and (c) of this Section (e.g., because of mechani-cal problems with a lift), boarding assistance shall be provided by any available means to which the passenger consents, except hand-carrying as defined in 14 CFR 382.39(a)(2).

(5) The agreement shall ensure that all lifts and other accessibility equipment are maintained in proper working condition.

(d) (1) Each airport operator shall negotiate in good faith with each carrier serving the airport concerning the acquisition and use of boarding assistance devices for aircraft with a seating capacity of 31 or more passengers where level entry boarding is not otherwise available. The airport operator and the carrier(s) shall, by no later than March 4, 2002 sign a written agreement allocating responsibility for meeting the boarding assistance requirements of this Section between or among the parties. The agreement shall be made available, on request, to representatives of the Department of Transportation.

(2) The agreement shall provide that all actions necessary to ensure accessible boarding for passen-gers with disabilities are completed as soon as practicable, but no later than December 4, 2002. All air carriers and airport operators involved are jointly responsible for the timely and complete imple-mentation of the agreement.

(3) Level-entry boarding assistance under the agreement is not required with respect to float planes or with respect to any widebody aircraft determined by the Department of Transportation to be unsuit-able for boarding assistance by lift, ramp, or other device on the basis that no existing boarding as-sistance device on the market will accommodate the aircraft without a significant risk of serious damage to the aircraft or injury to passengers or employees.

(4) When level-entry boarding assistance is not required to be provided under paragraph (d)(3) of this Section, or cannot be provided as required by paragraphs (b) and (d) of this Section (e.g., because of mechanical problems with a lift), boarding assistance shall be provided by any available means to which the passenger consents, except hand-carrying as defined in 14 CFR 382.39(a)(2).

(5) The agreement shall ensure that all lifts and other accessibility equipment are maintained in proper working condition.

(e) In the event that airport personnel are involved in providing boarding assistance, the airport shall ensure that they are trained to proficiency in the use of the boarding assistance equipment used at the airport and appropriate boarding assistance procedures that safeguard the safety and dignity of passengers.

[66 FR 22115, May 3, 2001]

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§27.75 Federal Highway Administration—highways. New facilities— (a) (1) Highway rest area facilities. All such facilities that will be constructed with Federal financial

assistance shall be designed and constructed in accordance with the accessibility standards referenced in §27.3(b) of this part.

(2) Curb cuts. All pedestrian crosswalks constructed with Federal financial assistance shall have curb

cuts or ramps to accommodate persons in wheelchairs, pursuant to Section 228 of the Federal-Aid Highway Act of 1973 (23 U.S.C. 402(b)(1)(F)).

(3) Pedestrian over-passes, under-passes and ramps. Pedestrian over-passes, under-passes and

ramps, constructed with Federal financial assistance, shall be accessible to handicapped persons, including having gradients no steeper than 10 percent, unless: (i) Alternate safe means are provided to enable mobility-limited persons to cross the roadway at that location; or (ii) It would be infeasible for mobility-limited persons to reach the over-passes, under-passes or ramps because of unusual topographical or architectural obstacles unrelated to the federally assisted facility.

(b) Existing facilities—Rest area facilities. Rest area facilities on Interstate highways shall be made accessi-ble to handicapped persons, including wheelchair users, within a three-year period after the effective date of this part. Other rest area facilities shall be made accessible when Federal financial assistance is used to improve the rest area, or when the roadway adjacent to or in the near vicinity of the rest area is constructed, reconstructed or otherwise altered with Federal financial assistance.

[44 FR 31468, May 31, 1979, as amended by Amdt. 27–3, 51 FR 19017, May 23, 1986. Redesignated at 56 FR 45621, Sept. 6, 1991] §27.77 Recipients of Essential Air Service subsidies. Any air carrier receiving Federal financial assistance from the Department of Transportation under the Essential Air Service program shall, as a condition of receiving such assistance, comply with applicable requirements of this part and applicable Section 504 and ACAA rules of the Department of Transportation. [61 FR 56425, Nov. 1, 1996] Subpart C—Enforcement Source: 44 FR 31468, May 31, 1979. Redesignated at 56 FR 45621, Sept. 6, 1991. §27.121 Compliance information. (a) Cooperation and assistance. The responsible Departmental official, to the fullest extent practicable,

seeks the cooperation of recipients in securing compliance with this part and provides assistance and guidance to recipients to help them comply with this part.

(b) Compliance reports. Each recipient shall keep on file for one year all complaints of noncompliance re-

ceived. A record of all such complaints, which may be in summary form, shall be kept for five years. Each recipient shall keep such other records and submit to the responsible Departmental official or his/her designee timely, complete, and accurate compliance reports at such times, and in such form, and containing such information as the responsible Department official may prescribe. In the case of any program under which a primary recipient extends Federal financial assistance to any other recipient, the other recipient shall also submit compliance reports to the primary recipient so as to enable the primary recipient to prepare its report.

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(c) Access to sources of information. Each recipient shall permit access by the responsible Departmental official or his/her designee during normal business hours to books, records, accounts, and other sources of information, and to facilities that are pertinent to compliance with this part. Where required information is in the exclusive possession of another agency or person who fails or refuses to furnish the informa-tion, the recipient shall so certify in its report and describe the efforts made to obtain the information. Considerations of privacy or confidentiality do not bar the Department from evaluating or seeking to en-force compliance with this part. Information of a confidential nature obtained in connection with compli-ance evaluation or enforcement is not disclosed by the Department, except in formal enforcement proceedings, where necessary, or where otherwise required by law.

(d) Information to beneficiaries and participants. Each recipient shall make available to participants, beneficiaries, and other interested persons such information regarding the provisions of this regulation and its application to the program for which the recipient receives Federal financial assistance, and make such information available to them in such manner, as the responsible Departmental official finds necessary to apprise them of the protections against discrimination provided by the Act and this part.

§27.123 Conduct of investigations. (a) Periodic compliance reviews. The responsible Departmental official or his/her designee, from time to

time, reviews the practices of recipients to determine whether they are complying with this part.

(b) Complaints. Any person who believes himself/herself or any specific class of individuals to be harmed by failure to comply with this part may, personally or through a representative, file a written complaint with the responsible Departmental official. A Complaint must be filed not later than 180 days from the date of the alleged discrimination, unless the time for filing is extended by the responsible Departmental official or his/her designee.

(c) Investigations. The responsible Departmental official or his/her designee makes a prompt investigation whenever a compliance review, report, complaint, or any other information indicates a possible failure to comply with this part. The investigation includes, where appropriate, a review of the pertinent practices and policies of the recipient, and the circumstances under which the possible noncompliance with this part occurred.

(d) Resolution of matters.

(1) If, after an investigation pursuant to paragraph (c) of this Section, the responsible Departmental official finds reasonable cause to believe that there is a failure to comply with this part, the responsible Departmental official will inform the recipient. The matter is resolved by informal means whenever possible. If the responsible Departmental official determines that the matter cannot be resolved by informal means, action is taken as provided in §27.125.

(2) If an investigation does not warrant action pursuant to paragraph (d)(1) of this Section, the responsible Departmental official or his/her designee so informs the recipient and the complainant, if any, in writing.

(e) Intimidating and retaliatory acts prohibited. No employee or contractor of a recipient shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Section 504 of the Act or this part, or because the individual has made a complaint, testified, assisted, or participated in any manner in an investigation, hearing, or proceeding, under this part. The identity of complainants is kept confidential at their election during the conduct of any investi-gation, hearing or proceeding under this part. However, when such confidentiality is likely to hinder the investigation, the complainant will be advised for the purpose of waiving the privilege.

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§27.125 Compliance procedure. (a) General. If there is reasonable cause for the responsible Departmental official to believe that there is a

failure to comply with any provision of this part that cannot be corrected by informal means, the responsi-ble Departmental official may recommend suspension or termination of, or refusal to grant or to continue Federal financial assistance, or take any other steps authorized by law. Such other steps may include, but are not limited to:

(1) A referral to the Department of Justice with a recommendation that appropriate proceedings be

brought to enforce any rights of the United States under any law of the United States (including other Titles of the Act), or any assurance or other contractural undertaking; and

(2) Any applicable proceeding under State or local law.

(b) Refusal of Federal financial assistance.

(1) No order suspending, terminating, or refusing to grant or continue Federal financial assistance becomes effective until:

(i) The responsible Departmental official has advised the applicant or recipient of its failure to comply and has determined that compliance cannot be secured by voluntary means; and

(ii) There has been an express finding by the Secretary on the record, after opportunity for hearing, of a failure by the applicant or recipient to comply with a requirement imposed by or pursuant to this part.

(2) Any action to suspend, terminate, or refuse to grant or to continue Federal financial assistance is

limited to the particular recipient who has failed to comply, and is limited in its effect to the particular program, or part thereof, in which noncompliance has been found.

(c) Other means authorized by law. No other action is taken until:

(1) The responsible Departmental official has determined that compliance cannot be secured by voluntary means;

(2) The recipient or other person has been notified by the responsible Departmental official of its failure

to comply and of the proposed action; (3) The expiration of at least 10 days from the mailing of such notice to the recipient or other person.

During this period, additional efforts are made to persuade the recipient or other person to comply with the regulations and to take such corrective action as may be appropriate.

§27.127 Hearings. (a) Opportunity for hearing. Whenever an opportunity for a hearing is required by §27.125(b), reasonable

notice is given by the responsible Departmental official by registered or certified mail, return receipt requested, to the affected applicant or recipient. This notice advises the applicant or recipient of the action proposed to be taken, the specific provision under which the proposed action is to be taken, and the matters of fact or law asserted as the basis for this action, and either:

(1) Fixes a date not less than 20 days after the date of such notice within which the applicant or

recipient may request a hearing; or (2) Advises the applicant or recipient that the matter in question has been set for hearing at a stated place and time.

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The time and place shall be reasonable and subject to change for cause. The complainant, if any, also is advised of the time and place of the hearing. An applicant or recipient may waive a hearing and submit written information and argument for the record. The failure of an applicant or recipient to request a hearing constitutes a waiver of the right to a hearing under Section 504 of the Act and §27.125(b), and consent to the making of a decision on the basis of such information as may be part of the record.

(b) If the applicant or recipient waives its opportunity for a hearing, the responsible Departmental official

shall notify the applicant or recipient that it has the opportunity to submit written information and argument for the record. The responsible Departmental official may also place written information and argument into the record.

(c) Time and place of hearing. Hearings are held at the office of the Department in Washington, DC, at a time fixed by the responsible Departmental official unless he/she determines that the convenience of the applicant or recipient or of the Department requires that another place be selected. Hearings are held before an Administrative Law Judge designated in accordance with 5 U.S.C. 3105 and 3344 (Section 11 of the Administrative Procedure Act).

(d) Right to counsel. In all proceedings under this Section, the applicant or recipient and the responsible Departmental official have the right to be represented by counsel.

(e) Procedures, evidence and record.

(1) The hearing, decision, and any administrative review thereof are conducted in conformity with Sections 554 through 557 of Title 5 of the United States Code, and in accordance with such rules of procedure as are proper (and not inconsistent with this Section) relating to the conduct of the hear-ing, giving notice subsequent to those provided for in paragraph (a) of this Section, taking testimony, exhibits, arguments and briefs, requests for findings, and other related matters. The responsible Departmental official and the applicant or recipient are enTitled to introduce all relevant evidence on the issues as stated in the notice for hearing or as determined by the officer conducting the hearing. Any person (other than a government employee considered to be on official business) who, having been invited or requested to appear and testify as a witness on the government's behalf, attends at a time and place scheduled for a hearing provided for by this part may be reimbursed for his/her travel and actual expenses in an amount not to exceed the amount payable under the standardized travel regulations applicable to a government employee traveling on official business.

(2) Technical rules of evidence do not apply to hearings conducted pursuant to this part, but rules or principles designed to assure production of the most credible evidence available and to subject testimony to cross examination are applied where reasonably necessary by the Administrative Law Judge conducting the hearing. The Administrative Law Judge may exclude irrelevant, immaterial, or unduly repetitious evidence. All documents and other evidence offered or taken for the record are open to examination by the parties and opportunity is given to refute facts and arguments advanced by either side. A transcript is made of the oral evidence except to the extent the substance thereof is stipulated for the record. All decisions are based on the hearing record and written findings shall be made.

(f) Consolidation or joint hearings. In cases in which the same or related facts are asserted to constitute noncompliance with this regulation with respect to two or more programs to which this part applies, or noncompliance with this part and the regulations of one or more other Federal departments or agencies issued under Section 504 of the Act, the responsible Departmental official may, in agreement with such other departments or agencies, where applicable, provide for consolidated or joint hearings. Final deci-sions in such cases, insofar as this regulation is concerned, are made in accordance with §27.129.

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§27.129 Decisions and notices. (a) Decisions by Administrative Law Judge. After the hearing, the Administrative Law Judge certifies the

entire record including his recommended findings and proposed decision to the Secretary for a final de-cision. A copy of the certification is mailed to the applicant or recipient and to the complainant, if any. The responsible Departmental official and the applicant or recipient may submit written arguments to the Secretary concerning the Administrative Law Judge's recommended findings and proposed decision.

(b) Final decision by the Secretary. When the record is certified to the Secretary by the Administrative Law Judge, the Secretary reviews the record and accepts, rejects, or modifies the Administrative Law Judge's recommended findings and proposed decision, stating the reasons therefore.

(c) Decisions if hearing is waived. Whenever a hearing pursuant to §27.125(b) is waived, the Secretary makes his/her final decision on the record, stating the reasons therefore.

(d) Rulings required. Each decision of the Administrative Law Judge or the Secretary contains a ruling on each finding or conclusion presented and specifies any failures to comply with this part.

(e) Content of orders. The final decision may provide for suspension or termination, or refusal to grant or continue Federal financial assistance, in whole or in part, under the program involved. The decision may contain such terms, conditions, and other provisions as are consistent with and will effectuate the pur-poses of the Act and this part, including provisions designed to assure that no Federal financial assis-tance will thereafter be extended unless and until the recipient corrects its noncompliance and satisfies the Secretary that it will fully comply with this part.

(f) Subsequent proceedings.

(1) An applicant or recipient adversely affected by an order issued under paragraph (e) of this Section is restored to full eligibility to receive Federal financial assistance if it satisfies the terms and condi-tions of that order or if it brings itself into compliance with this part and provides reasonable assur-ance that it will fully comply with this part.

(2) Any applicant or recipient adversely affected by an order entered pursuant to paragraph (e) of this Section may, at any time, request the responsible Departmental official to restore its eligibility, to receive Federal financial assistance. Any request must be supported by information showing that the applicant or recipient has met the requirements of paragraph (f)(1) of this Section. If the respon-sible Departmental official determines that those requirements have been satisfied, he/she may restore such eligibility, subject to the approval of the Secretary.

(3) If the responsible Departmental official denies any such request, the applicant or recipient may submit a request, in writing, for a hearing specifying why it believes the responsible Departmental official should restore it to full eligibility. It is thereupon given a prompt hearing, with a decision on the record. The applicant or recipient is restored to eligibility if it demonstrates to the satisfaction of the Secretary at the hearing that it satisfied the requirements of paragraph (f)(1) of this Section.

(4) The hearing procedures of §27.127(b) through (c) and paragraphs (a) through (d) of this Section apply to hearings held under paragraph (f)(3) of this Section.

(5) While proceedings under this paragraph are pending, the sanctions imposed by the order issued under paragraph (e) of this Section shall remain in effect.

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4 — I — 68

Memorandum

Subject: INFORMATION: ADAAG Detectable Warnings Date: May 6, 2002 (Truncated Domes) Reply to From: Dwight A. Horne Attn. of: HIPA-20 Director, Office of Program Administration To: Resource Center Managers Division Administrators

Federal Lands Highway Division Engineers Recently a number of questions have been raised by people from various agencies concerning the use of detectable warnings, specifically truncated domes, when constructing or altering curb ramps. Truncated domes are the standard design requirement for detectable warnings for determining the boundary between the sidewalk and street by people with visual disabilities. The Department of Justice (DOJ) is the lead agency that oversees the Americans with Disabilities Act (ADA)(1990). The U.S. Access Board develops the minimum design standards for complying with the ADA. The Department of Transportation is a designated agency responsible for enforcing the standards and implementing regulations of the ADA’s Title II (State and Local Government Services). The Federal Highway Administration (FHWA) is the enforcement authority for overseeing pedestrian discrimination issues under the Title II imple-menting regulations. Detectable warnings were required in 1991 by the Americans with Disabilities Act Accessible Guideline (ADAAG) (regulatory standards) for hazardous vehicular ways, transit platform edges, and curb ramps. A suspension was placed on requiring detectable warnings at curb ramps and hazardous vehicular ways, but not for transit platform edges. The reason for the suspension was to conduct research on the performance of their detectability. The DOJ continued the suspension through July 26, 2001, which allowed 10 years for conducting research. The research determined that other designs used in place of truncated domes such as grooves, striations, and exposed aggregate, were not detectable in the sidewalk and roadway environment because of the similarities to other surface textures and defects. Truncated domes have a unique design that can be detected underfoot and with a cane, and other surfaces are not considered ADA equivalent and therefore do not comply with the ADA requirements. The DOJ had the option of allowing the suspension to expire on July 26, 2001 or publish a Federal Register Notice to continue the suspension. They decided to let the suspension expire. Consequently, since July 26, 2001 detectable warnings are again required. FHWA is obligated to enforce the requirements, and State and local governments are required to apply the minimum design standards when constructing and altering pedes-trian facilities, though we encourage higher than minimum standards where possible.

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ADA/504 GUIDANCE

ADAAG Detectable Warnings (Truncated Domes)

2 The original ADA design standard for truncated domes is found in ADAAG (4.29.2). After the research was conducted, a new design recommendation was made for the dimension and placement of the domes on curb ramps. Both FHWA and the U.S. Access Board are encouraging the use of the new design over the original. Information on the recommended design and other useful information are included in the attachment. Attachment

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Memorandum

Subject: INFORMATION: Americans with Disabilities Act (ADA) Date: July 30, 2004 Accessibility Guidelines and Detectable Warnings From: /s/ Original Signed by Reply to Dwight A. Horne Attn. of: HIPA-20 Director, Office of Program Administration To: Resource Center Managers Division Administrators

Federal Lands Highway Division Engineers The US Access Board, the federal agency responsible for developing accessibility guidelines under the Ameri-cans with Disabilities Act (ADA), published the ADA/ABA Accessibility Guidelines (ADA/ABA-AG) on July 23, 2004. The Access Board is charged with developing minimum guidelines to assist the Department of Transporta-tion (DOT) and Department of Justice (DOJ) in establishing design standards. Although the publication of these guidelines marks the completion of the Access Board’s responsibilities, these guidelines will not become ADA standards until the Departments of Justice and Transportation go through standard notice-and-comment rule-making to adopt the new guidelines into the standards they maintain under the ADA, a process which is ex-pected to take one to two years. In the interim, agencies must continue to use current ADA standards -- includ-ing those for detectable warnings at curb ramps and blended transitions -- when building new and altering pe-destrian facilities. Therefore, there have been no changes to the existing requirements (since July 26, 2001) that detectable warnings must be applied to curb ramps in new construction and alterations. As part of updating the guidelines, the Access Board is also developing more specific guidelines for public rights-of-way. On June 17, 2002 the Board released a draft of these guidelines for public comment in advance of pub-lishing a proposed rule. Included are provisions for sidewalks, curb ramps, street crossings and related pedes-trian facilities that are not addressed in the newly published ADA/ABA-AG. Both FHWA and the Access Board encourage use of the June 17, 2002 draft's scoping and technical provisions for detectable warnings as an equivalent facilitation to the current requirements in the 1991 (current) ADAAG. USDOT is an implementing agency for the title II of the Americans with Disabilities Act and for section 504 of the Rehabilitation Act; the FHWA is the USDOT agency responsible for overseeing Title II and 504 compliance for pedestrian access in public rights-of-ways. USDOT is evaluating the ADA/ABA-AG and considering possible changes to USDOT section 504 regulations to reflect current detectable warning requirements until such time as the new public rights-of-way guidelines can be issued. The FHWA MUTCD staff are also pursuing inclusion of detectable warnings in Chapter 3 Markings. NCHRP and FHWA research is also underway to improve truncated dome maintenance and contrast. For more information and resources on detectable warnings, consult the Board's website at www.access-board.gov/adaag/dws/update.htm.

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ADA/504 GUIDANCE

ADAAG and Detectable Warnings

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Memorandum

Subject: INFORMATION: Public Rights- Date: January 23, 2006 of-Way Access Advisory

Reply to From: Frederick D. Isler Attn.. Of: HCR-1 Associate Administrator for Civil

Rights To: Division Administrators

Resource Center Directors Federal Lands Highway Division Engineers The purpose of this notice is to inform you that the Architectural and Transportation Barri-ers Compliance Board (Access Board) published revised draft accessibility guidelines (the Draft Guidelines) for public rights-of-way in the Federal Register on November 23, 2005. The Draft Guidelines are available at http://www.access-board.gov/prowac/index.htm. They cover pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way. The Access Board published the Draft Guidelines to incorporate public comment re-ceived in response to the draft guidelines published in June 2002. The Access Board placed these revised draft guidelines on its website (http://www.access-board.gov/prowac/index.htm) for public information. The Draft Guidelines are under consideration by the Board, and the Board could change these guidelines in its final rule. The purpose of placing the Draft Guidelines in the docket is to facilitate gathering of additional information for the regulatory assessment and the preparation of technical assistance materials to accompany a future rule. The Board is not seeking comments on the Draft Guidelines. The Board will issue a notice of proposed rulemaking at a future date and will solicit comments at that time, prior to issuing a final rule. The Draft Guidelines are not standards until adopted by the U.S. Department of Justice and the U.S. Department of Transportation. The present standards to be followed are the ADA Accessibility Guidelines (ADAAG) standards. However, the Draft Guidelines 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. Further,

ADA/504 GUIDANCE

ADAAG Public Right-of-Way Access Advisory

4 — I — 73

2

the Draft Guidelines are consistent with the ADA’s requirement that all new facilities (and altered facilities to the maximum extent feasible) be designed and constructed to be accessible to and useable by people with disabilities.

The FHWA is responsible for implementation of pedestrian access requirements under the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973 (Section 504). This is accomplished through stewardship and oversight over all Federal, State, and local governmental agencies that build and maintain highways and roadways, whether or not they use Federal funds on a particular project.

Please distribute this information to the States, and work with the States to distribute these revised draft guidelines widely. FHWA Point of Contact: Ms. Lisa MacPhee, Attorney-Advisor, Office of Chief Counsel (202) 366-1392, and Ms. Candace Groudine, Special Assistant to the Associate Adminis-trator for Civil Rights (202)-366-4634.

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23 CFR Part 1235 Guidance on

Uniform System for Parking for Persons with Disabilities The purpose of this regulation is to provide guidelines for the establishment of a uniform system for handicapped parking for persons with disabilities to enhance access and the safety of persons with disabilities, which limit or impair the ability to walk. The regulations sets standards for the following:

• Eligibility Requirements: This regulation set standards to determine eligibility for disabled parking li-

cense plates and placards. Specifically 23 CFR § 1235.2 provides that eligible persons, known as “Persons with disabilities which limit or impair the ability to walk” means they are limited or impaired as determined by a licensed physician in the ability to walk. They cannot walk two hundred feet without stopping to rest, or cannot walk without assistance. This includes not being able to walk due to arthritic, neurological or orthopedic condition. Disability also includes someone that is restricted by lung disease or has to use portable oxygen. A cardiac condition classified as a Class III or Class IV is also included as a disability.

• Special License Plates: The license plate must be in a color that contrasts to the background and in the

same size as the letters and/or numbers on the plate. Each State shall issue special license plates for the vehicle, which is registered in the applicant’s name. The initial application shall be accompanied by the certification of a licensed physician that the applicant meets the definition of persons with disabilities, which limit or impair the ability to work. The issuance of a special license plate shall not preclude the issuance of a removable windshield placard. Organizations that primarily transport persons with disabili-ties may also be issue a special license plate. The application shall include a certification by the appli-cant, under criteria to be determined by the State. The fee for the special license plate shall not exceed the fee charged for a similar license plate for the same class vehicle.

• Removable or Temporarily-Issued Removable Placards: These placards must have an identification

number, an expiration date and a seal or other identification of the issuing authority. The State will issue a placard to a person with disability and upon request issue another placard for people who do not have a special license plate. The initial application for the placard shall be accompanied by the certification of a licensed physician that the definition standards for disability are met. The removable windshield plac-ard is to be displayed in a manner where it can be viewed from the front and rear of the vehicle. When there is no rear view mirror, the placard should be displayed on the dashboard. If the placard is tempo-rary, it shall be valid for a period of time for which the physician has determined that the applicant will have the disability no longer than six months from the date of issue. This regulation at 23 CFR 1235.6 & 1235.7 also provides that special license plates and the placards, displaying the International Symbol of Access shall be the only means of identifying vehicles permitted to park in parking spaces reserved for individuals with disabilities as defined by 23 CFR § 1235.2. Therefore, an individual who has a visible or obvious disability and fails to obtain the special license plate or removable placard is NOT eligible to park in these parking spaces.

• Reciprocity: 23 CFR 1235.8 provides that each State shall recognize placards and special license

plates which have been issued by authorities of other States and countries, for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with disabilities defined by a licensed physician which is included in their initial application.

ADA/504 GUIDANCE

23 CFR Part 1235

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Use with the Minimum Requirements Summary Sheets and ADAAG.

SURVEY FORM 1: PARKING

See Minimum Requirements Summary Sheets I and J for special requirements and exceptions which may be allowed in alterations and historic preservation. See also ADAAG 4.1.6 and 4.1.7.

Parking Area/Lot Location:

Total Parking Spaces in Area/Lot:

Number Accessible: Number Van Acces-sible:

General Use: (Use table in 4.1.2(5)(a)):

Outpatient Unit/Facility (10% re-quired):

Specialized Unit/Facility Serving or Treating Persons with Mobility Impair-ments (20% re-quired):

Facility Name:

Section Item Technical Requirements Comments Yes No 4.1.2(5); 4.6.1 Number - Ac-

cessible Parking Spaces:

Where parking spaces are pro-vided for self-parking by employ-ees or visitors or both, are the re-quired number of accessible park-ing spaces complying with 4.6 (see below) provided? (See Mini-mum Requirements Summary Sheet A) (All or some of the accessible parking spaces may be in a differ-ent location if equivalent or greater accessibility is ensured.)

4 — J — 1

ADA/504 APPENDICES

FHWA FORMS

4 — J — 2

Section Item Technical Requirements Comments Yes No

Each Area/Lot: Are the accessible parking spaces located in each specific area/lot? OR If the accessible parking spaces are in a different location, is equivalent or greater accessibility provided in terms of distance from the accessible entrance, cost and convenience?

Van Accessible Spaces:

Is one in every eight accessible parking spaces (but not less than one) designated "van accessible?"

4.6.2 Location - Serving Accessible Entrance:

Are accessible parking spaces which serve a particular building on the shortest accessible route of travel from adjacent parking to the building's accessible entrance?

Serving Multiple Accessible Entrances:

If the building has multiple accessible entrances with adjacent parking, are the accessible parking spaces on the shortest accessible route of travel to the parking facility's accessible pedestrian entrance?

Separate Parking Facility:

Where a parking facility does not serve a particular building, are the accessible parking spaces on the shortest accessible route of travel to the parking facility's accessible pedestrian entrance?

4.6.3 Parking Spaces and Access Aisles - Width of Parking Space:

Are accessible parking spaces, including van spaces, at least 96 inches wide with a demarcated access aisle? (Two spaces may share a common aisle. See Figure 9)

4.1.2(5)(a) Width of Car Access Aisles:

Are all other access aisles at least 60 inches wide?

4.1.2(5)(b) Width of Van Accessible Access Aisle:

If the parking space is designated as "van accessible," is the adjacent access aisle at least 96 inches wide?

4.6.3 Level: Are the accessible parking spaces and access aisles level with no slope greater than 1:50 in all directions? (This means a curb ramp cannot project into the access aisle.)

4.6.3 4.3.6 4.5.1

Surface: Are access aisles stable, firm, and slip resistant?

4.1.2(5); 4.6.1 Continued

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Section Item Technical Requirements Comments Yes No 4.6.3 4.3

Access Aisle and Accessible Route:

Does each access aisle connect directly to an accessible route complying with 4.3? (Use Form 3: Exterior Accessible Route)

4.3.3 Is the accessible route a full 36 inches wide and not reduced in width by vehicles overhanging parking space?

4.6.4 Signs - Accessible Parking Spaces:

Does each accessible parking space have a vertical sign, which is unobscured by a parked vehicle, showing the International Symbol of Accessibility?

4.6.4 Van Accessible Spaces:

Do van accessible spaces have a vertical sign, which is unobscured by a parked vehicle, showing the International Symbol of Accessibil-ity with an additional sign "Van-Accessible" mounted below the symbol of accessibility? EXCEPTION: "Van-Accessible" sign is not required if all accessi-ble parking spaces are Universal Parking Design. (See Figure A5)

Van Accessible Spaces - Vertical Clearance:

Do van accessible spaces have a vertical clearance of at least 98 inches?

Does one vehicular access route to and from van accessible spaces have a vertical clearance of at least 98 inches? (Van accessible spaces may be grouped on one level of a parking structure.)

4.6.5

Figure 9 Dimensions of Parking Spaces

The access aisle shall be a minimum of 60 inches (1525 mm) wide for cars or a minimum of 96 inches (2440 mm) wide for vans. The accessible route connected to the access aisle at the front of the parking spaces shall be a minimum of 36 inches (915 mm).

Figure A5a Parking Space Alternatives

Van Accessible Space at End Row

Figure A5b Parking Space Alternatives

Universal Parking Space Design

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SURVEY FORM 3: EXTERIOR ACCESSIBLE ROUTES

Use with the Minimum Requirements Summary Sheets and ADAAG.

Facility Name:

See Minimum Requirements Sum-mary Sheets I and J for special re-quirements and exceptions which may be allowed in alterations and historic preservation. See also ADAAG 4.1.6 and 4.1.7.

Accessible Route to be Surveyed: From: To:

Section Item Technical Requirements Comments Yes No

Accessible Route Site - Public Trans-portation:

Is there an accessible route within the boundary of the site linking an accessible building entrance with the following, if provided: public transportation stops; passenger loading zones; public streets and sidewalks?

Route for Gen-eral Public:

Does the accessible route generally coincide with the route for the gen-eral public, to the maximum extent feasible?

4.1.2(2) 4.3.2(2)

Buildings Con-nected:

Is there an accessible route con-necting accessible buildings, facili-ties, elements and spaces on the same site?

4.3.3 Accessible Route Size - Width:

Is the accessible route at least 36 inches wide except at doorways or gates?

U-Turn Where the accessible route makes a U-turn around an obstacle less than 48 inches wide, is the pathway width at least 42 inches on ap-proaches and 48 inches in the turn? (See Figure 7(b))

4.3.4 Passing Spaces If the accessible route is less than 60 inches wide, are there passing spaces at least 60 inches wide and 60 inches long or intersecting walks allowing passing at reasonable in-tervals not exceeding 200 feet?

4.3.5 4.4.2

Provisions for Persons Who Are Blind - Head Room:

Is there at least 80 inches clear head room on an accessible route?

4.1.2(1) 4.3.2(1)

4 — J — 5

Section Item Technical Requirements Comments Yes No 4.4.2 Cane Detect-

able Barrier Where Head Room is Less Than 80 Inches:

If there is less than 80 inches clear head room in an area ad-joining an accessible route, is there a cane detectable barrier within 27 inches of the floor? (See Figure 8(c-1))

Protruding Objects:

If objects mounted to the wall have leading edges between 27 and 80 inches from the floor, do they project less than 4 inches into the pathway? (Wall mounted objects with leading edges at or below 27 inches may project any amount so long as the required clear width of an accessible route is not reduced.)

Do free standing objects mounted on posts with leading edges between 27 and 80 inches high (such as a sign or telephone) project less than 12 inches into the perpendicular route of travel?

Is there an accessible path at least 36 inches clear alongside the protruding object?

4.3.7 Slopes - Cross Slope

Is the cross slope of the accessi-ble route no greater than 1:50?

Walkway Slope:

Is the slope of the accessible route no greater than 1:20?

4.8.1 Where the slope is greater than 1:20, does it comply with the requirements for ramps? (Use Form 7: Ramps)

4.3.8 4.5.2

Changes in Level:

When walkway levels change, is the vertical difference between them less than 1/4 inch? OR Are changes in level between 1/4 inch and 1/2 inch beveled with a slope no greater than 1:2?

Are curb ramps, ramps, or ele-vators used for changes in level greater than 1/2 inch? (Lifts may only be used in certain limited situations in new construction. See Minimum Requirements Summary Sheet B and ADAAG 4.1.3(5))

Does the curb ramp, ramp, or elevator comply with 4.7, 4.8, or 4.10? (Use Form 4: Curb Ramps; Form 7: Ramps; or Form 13: Elevators)

4.4.1

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4.3.6 4.5.1

Surface: Are accessible route surfaces sta-ble, firm and slip-resistant?

4.5.4 Grates: Is the smaller dimension of grate openings no more than 1/2 inch, and are long dimensions of rectan-gular gaps placed perpendicular to the usual direction of travel?

4.1.2(7) 4.30.1

Directional and Informational Signs:

Do signs which provide direction to, or information about, functional spaces of the building, comply with 4.30.2, 4.30.3, and 4.30.5? (Use Form 19: Signage)

4.1.2(7) 4.30.1

Room Identifica-tion Signs:

Do signs which designate perma-nent rooms and spaces comply with 4.30.4, 4.30.5, and 4.30.6? (Use Form 19: Signage)

4.1.2(7) 4.30.7

Symbols: If provided, are the following ele-ments identified by the International Symbol of Accessibility? (a) accessible parking spaces; (b) accessible passenger loading zones; (c) accessible entrances when not all are accessible; (d) accessible toilet and bathing facilities when not all are accessi-ble

4.1.3(8)(d) Directions to Accessible En-trance:

When not all entrances are acces-sible, is there directional signage indicating the accessible route to an accessible entrance?

4.29.5 Hazardous Vehicular Areas - Detectable Warnings:

If a walk crosses or adjoins a ve-hicular way, and the walking sur-faces are not separated by curbs, railings, or other elements between the pedestrian areas and vehicular areas, is the boundary between the areas defined by a continuous de-tectable warning at least 36 inches wide complying with 4.29.2? (Use Form 21: Detectable Warnings)

Section Item Technical Requirements Comments Yes No

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Figure 7(b)

Accessible Route Turns around an Obstruction

A U-turn around an obstruction less than 48 inches (1220 mm) wide may be made if the passage width is a mini-mum of 42 inches (1065 mm) and the base of the U-turn space is a minimum of 48 inches (1220 mm) wide.

Figure 8c-1

Protruding Objects Overhead Hazards

Overhead Hazards. As an example, the diagram illustrates a stair whose underside descends across a pathway. Where the headroom is less than 80 inches, protection is offered by a railing (2030 mm) which can be no higher than 27 inches (685 mm) to ensure detectability.

4 — J — 8

SURVEY FORM 4: Curb Ramps Use with the Minimum Requirements Summary Sheets and ADAAG.

Facility Name:

See Minimum Requirements Summary Sheets I and J for spe-cial requirements and exceptions which may be allowed in altera-tions and historic preservation.

See also ADAAG 4.1.6 and 4.1.7. Curb Ramp Location:

Section Item Technical Requirements Comments Yes No 4.7.1 Curb Ramp -

Location: Is there a curb ramp wherever an accessible route crosses a curb?

4.7.2 4.8.2

Slope: Is the slope of the curb ramp 1:12 or less in new construction?

4.7.2 Transition: Is the transition from the curb ramp to the walkway and to the road or gutter flush and free of abrupt changes?

Counter Slope: Are the running slopes of the road, gutter or accessible route adjoining the ramp no greater than 1:20?

4.7.3 Width: Is the width of the curb ramp, not including the flared sides, at least 36 inches?

4.7.4 4.5.1

Surface: Is the surface of the curb ramp stable, firm and slip-resistant?

Side Flares: If the curb ramp is located where pedestrians must walk across it or where it is not protected by handrails or guard rails, does it have flared sides?

Side Flare Slope Do these flared sides have a slope of 1:10 or less?

Where the space at the top of the ramp is less than 48 inches and wheelchair users must use the side flares for access, do the flared sides have a slope of 1:12 or less? (See Figure 12(a))

4.7.5 Returned Curbs: If sharp return curb cuts are present, is pedestrian cross traffic prohibited by walls, guardrails, shrubbery, or other elements? (See Figure 12(b))

4.7.5

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4 — J — 10

Section Item Technical Requirements Comments Yes No

4.7.6 4.6.3

Built-up Curb Ramps:

Are built-up curb ramps located so that they do not project into vehicular traffic lanes or parking access aisles?

4.7.7 Detectable Warning:

Does the curb ramp have a detectable warning?

Domes: Does the detectable warning consist of raised truncated domes?

Size and Spacing:

Are the truncated domes 0.9 inches in diameter and 0.2 inches in height with a center-to-center spacing of 2.35 inches? All measurements are nominal. (See Figures below)

Visual Contrast: Does the detectable warning contrast visually with adjoining surfaces (light-on-dark or dark-on-light)? Is the material used to provide contrast an integral part of the walking surface?

4.7.8 Parked Vehicles: Are curb ramps located or protected so that they will not be obstructed by parked vehicles?

4.7.9 Curb Ramps at Crosswalks:

Are curb ramps at crosswalks wholly contained within the crosswalk lines, except for the flared sides?

4.7.10 Diagonal Curb Ramps:

If diagonal (or corner-type) curb ramps have returned curbs or other well-defined edges, are these edges parallel to the direction of the pedestrian traffic flow?

Bottom of Diagonal:

Is there at least 48 inches clear space within the crosswalk lines at the bottom of a diagonal curb ramp?

Straight Curb: If the diagonal curb ramp has flared sides, is there at least a 24 inch segment of straight curb located on each side of the curb ramp within the crosswalk lines?

4.7.11 Island: Where an accessible pathway crosses an island, is the island cut through at street level? OR Are there curb ramps on both sides and a level area at least 48 inches long between them? (With a 6 inch high curb, the island will be at least 16 feet wide.)

4.29.2

Figure 12a Sides of Curb Ramps

Flared Sides If X is less than 48in, then the slope of the flared side

shall not exceed 1:12.

If the landing depth at the top of a curb ramp is less than 48 inches, then the slope of the flared side shall not exceed 1:12.

Figure 12b Sides of Curb Ramps

Returned Curb If X is less than 48in, then the slope of the flared side

shall not exceed 1:12.

4 — J — 11

4 — J — 12

SURVEY FORM 29: Transportation Facilities -- Bus Stops

Use with the Minimum Requirements Summary Sheets and ADAAG.

Facility Name:

Every station, bus stop, bus stop pad, terminal, building or other transportation facility, must com-ply with the applicable provisions of ADAAG 4.1 through 4.35, ADAAG 5 through 9, and the ap-plicable provisions of ADAAG 10.

Facility Location: Note: The exception for elevators in 4.1.3(5) Exception 1 and 4.1.6(1)(k) do not apply to a terminal, depot, or other station used for specified public transportation, or an airport passenger terminal, or facilities subject to Title II.

Section Item Technical Requirements Comments Yes No

Bus Stop Pad -- Surface:

If a bus stop pad has been newly constructed at a bus stop, bay or other area where a lift or ramp is to be deployed, does it have a sur-face that is stable and firm?

Clear Dimen-sions:

Is there a clear length of at least 96 inches (measured from the curb or vehicle roadway) and a clear width of at least 60 inches (parallel to the roadway) provided to the maximum extent allowed by legal or site constraints?

Connection to Pedestrian Way:

Is the pad connected to streets, sidewalks or pedestrian paths by an accessible route complying with 4.3 and 4.4? (Use Form 3: Exterior Accessible Routes)

Slope: Is the slope of the pad parallel to the roadway and, to the extent practicable, the same as that of the roadway? Note: A maximum slope of 1:50 (2%) perpendicular to the roadway is allowed for water drainage.

10.2 10.2.1(1)

4 — J — 13

10.2.1(2) Bus Shelter - Position:

Where provided, are new or replaced bus shelters installed or positioned in such a way that a wheelchair or mobility aid user can enter from the public way and reach a location having a minimum clear floor area of 30 inches by 48 inches, entirely within the perimeter of the shelter?

Connection to Boarding Area:

Are such shelters connected by an accessible route to the boarding area provided? (Use Form 3: Exterior Accessible Routes)

10.2.1(3) New Route Signs:

Where provided, do all new signs identifying bus routes comply with 4.30.5? Do such signs also comply with 4.30.2 and 4.30.3 to the maxi-mum extent practicable? (Use Form 19: Signage) Note: Signs that are sized to the maximum dimensions permitted under legitimate local, state or fed-eral regulations or ordinances shall be considered in compliance with 4.30.2 and 4.30.3 for purposes of this section. EXCEPTION: Bus schedules, timetables, or maps that are posted at the bus stop or bus bay are not required to comply with this provision.

10.2.2(1) Bus Stop Sites and Alterations:

Are bus stop sites chosen such that, to the maximum extent practicable, the areas where lifts or ramps are to be deployed comply with section 10.2.1(1) and (2) above?

10.2.2(2) New Route Signs:

When old route signs are replaced do the new signs comply with the requirements of 10.2.1(3) above?

Section Item Technical Requirements Comments Yes No

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Appendix K: Definitions

(Unless otherwise noted, the following words and/or terms are defined by their regulatory definition in the Title II ADA regulation at 28 CFR § 35.104. Note that definitions associated with State or local laws (including State common law) may provide greater disability rights and protections.) Accessible route - A continuous, unobstructed path connecting all accessible elements and spaces of a building or facility that meets the requirements of ADAAG. Americans with Disabilities Act of 1990 (ADA) - A Federal law prohibiting discrimination against people with dis-abilities. Americans with Disabilities Act Accessibility Guidelines (ADAAG) - Provide scoping and technical specifications for new constructions and alterations undertaken by entities covered by the ADA. ADA Title II, Nondiscrimination on the Basis of State and Local Government Services - Protects people with dis-abilities from discrimination in services, programs or activities of all State and local governments. ADA/504 Coordinator – Employee of the State Transportation Agency who has been designated to coordinate the STAs activities and efforts with respect to Title II ADA and Section 504 compliance. Alteration - Modification made to an existing building or facility that goes beyond normal maintenance activities and affects or could affect usability. Assistive device - A device that assists users in accomplishing day-to-day functions. Auxiliary aids and services - (1) Qualified interpreters, note-takers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf per-sons (TDD's), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing limitations; (2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) Acquisition or modification of equipment or devices; and (4) Other similar services and actions. CFR (Code of Federal Regulations) - The Code of Federal Regulations is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the Federal Government. It is divided into 50 titles that represent broad areas subject to Federal regulation. Changes in level - Vertical height transitions between adjacent surfaces or along the surface of a path. Small changes in level are often caused by cracks in the surfacing material. Changes in level may also result when the expansion joints between elements such as curb ramps and gutters are not constructed at the same time. On trails, ruts caused by weather erosion, tree roots, and rocks protruding from the trail surface are common sources of changes in level. Cross slope - The slope measured perpendicular to the direction of travel. Curb ramp - A combined ramp and landing to accomplish a change in level at a curb. This element provides street and sidewalk access to pedestrians using wheelchairs.

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ADA/504 APPENDICES

Definitions

Detectable Warning - A standardized surface feature built in or applied to walking surfaces or other elements to warn people who are blind or visually impaired of specified hazards. Diagonal curb ramp - A curb ramp positioned at the apex of an intersection. Disability - With respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1) (i) The phrase physical or mental impairment means --

(A) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine; (B) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(ii) The phrase physical or mental impairment includes, but is not limited to, such contagious and

non-contagious diseases and conditions as orthopedic, visual, speech and hearing limitations, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retarda-tion, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.

(iii) The phrase physical or mental impairment does not include homosexuality or bisexuality.

(2) The phrase major life activities means functions such as caring for one's self, performing manual tasks,

walking, seeing, hearing, speaking, breathing, learning, and working. (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as

having, a mental or physical impairment that substantially limits one or more major life activities. (4) The phrase is regarded as having an impairment means-

(i) Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as constituting such a limitation;

(ii) Has a physical or mental impairment that substantially limits major life activities only as a result of the

attitudes of others toward such impairment; or (iii) Has none of the impairments defined in paragraph (1) of this definition but is treated by a public entity

as having such an impairment. (5) The term disability does not include --

(i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(ii) Compulsive gambling, kleptomania, or pyromania; or (iii) Psychoactive substance use disorders resulting from current illegal use of drugs.

Discrimination - means denying handicapped persons the opportunity to participate in or benefit from any program or activity receiving Federal financial assistance.

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Designated Agency, (Subpart G, 35.190) - The USDOT is one of the designated Federal executive agencies with oversight/enforcement responsibilities for the Title II of the Americans with Disabilities Act. The USDOT is required to oversee transportation compliance activities of State and local governments. In turn, the various modes within DOT have certain responsibilities for their respective program areas. FHWA is responsible for pe-destrian access as pertains to highways, roadways and walkways within the public right-of-way. Existing Facilities - Facilities that are neither new facilities nor altered facilities. Neither Title II ADA nor Section 504 necessarily requires a public entity or recipient to make each of its existing facilities accessible to and us-able by individuals with disabilities. Facility - As defined by Title II of the Americans with Disabilities Act: means all or any portion of buildings, struc-tures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is lo-cated. Under Section 504: means all or any portion of buildings, structures, vehicles, equipment, roads, walks, parking lots, or other real or personal property or interest in such property. Federal financial assistance - Under Section 504 means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Department provides or otherwise makes available assistance in the form of: (1) Funds; (2) Services of Federal personnel; or (3) Real or personal property or any interest in, or use of such property, including:

(i) Transfers or leases of such property for less than fair market value or for reduced consideration; and (ii) Proceeds from a subsequent transfer or lease of such property if the Federal share of its fair market

value is not returned to the Federal Government.

Grade - The slope parallel to the direction of travel that is calculated by dividing the vertical change in elevation by the horizontal distance covered. For example, a trail that gains 2 m in elevation over 40 m of horizontal dis-tance has a grade of 5 percent. Historic preservation programs - Means programs conducted by a public entity that have preservation of historic properties as a primary purpose. Historic properties - Means those properties that are listed or eligible for listing in the National Register of His-toric Places or properties designated as historic under State or local law. Intersection - An area where two or more pathways or roadways join together. Individual with a disability - Means a person who has a disability. The term individual with a disability does not include an individual who is currently engaging in the illegal use of drugs, when the public entity acts on the ba-sis of such use. Landing - A level area of the sidewalk at the top of a curb ramp that faces the ramp path. Level of Service (LOS) - A qualitative rating of the effectiveness of a roadway in serving traffic, in terms of op-erating conditions such as traffic flow, using an alphabetical scale from A to F with A being the best (free flow) and F being the worst (stopped traffic). Mid-block crossing - A crossing point positioned in the center of a block rather than at an intersection.

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Metropolitan Planning Organization (MPO) - An urban regional body for areas with populations larger than 50,000, that makes transportation policy and planning decisions as mandated in Federal transportation legisla-tion. New Construction - A project in which an entirely new facility is built from the ground up or where a new facility is added to an existing facility. Parallel Curb Ramp - A curb ramp design in which the sidewalk slopes down on either side of a landing at street level; parallel curb ramps require users to turn on the landing before entering the street. Pedestrian - A person who travels on foot or who uses assistive devices, such as a wheelchair, for mobility. Perpendicular curb ramp - A curb ramp design in which the ramp path is perpendicular to the edge of the curb. Places of public accommodation - Facilities operated by private entities that fall within the following 12 broad categories defined by Congress: places of lodging, food establishments, entertainment houses, public gathering centers, sales establishments, service establishments, transportation stations, places of recreation, museums and zoos, social service establishments, and places of education. Primary recipient (under Section 504) - means any recipient that is authorized or required to extend Federal fi-nancial assistance from the Department to another recipient for the purpose of carrying out a program. Private entity - An individual or organization not employed, owned, or operated by the government. Program access - Access provided to a program, service, or activity conducted or funded by a public entity. Public entity - As defined by Title II of the Americans with Disability Act, any State or local government,; any de-partment agency, special-purpose district, or other instrumentality of a State or States or local government; and any commuter authority. Qualified individual with a disability - Means an individual with a disability who, with or without reasonable modifi-cations to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. Qualified interpreter - Means an interpreter who is able to interpret effectively, accurately, and impartially both receptively and expressively, using any necessary specialized vocabulary. Right-of-way - The rights, title, and interest in real property necessary for the construction and maintenance of the project. Private property rights may be acquired by donation or acquisition and may be fee-simple, ease-ment, or other form of use agreement acceptable to the parties. The property rights must be of sufficient duration to match the design life of the project, and in a form that can be recorded on the land records. Recipient - As defined by Section 504, it means any State, territory, possession, the District of Columbia, or Puerto Rico, or any political subdivision thereof, or instrumentality thereof, any public or private agency, institu-tion, organization, or other entity, or any individual in any State, territory, possession, the District of Columbia, or Puerto Rico, to whom Federal financial assistance from the Department is extended directly or through another recipient, for any Federal program, including any successor, assignee, or transferee thereof, but such term does not include any ultimate beneficiary under any such program. This definition includes primary STA FHWA recipi-ents such as State departments of transportation (STAs) and STA sub recipients such as metropolitan planning organizations (MPOs), local governments, and other State and local government agencies that receive Federal financial assistance through the STA.

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Self Evaluation - State and local governments are required to evaluate existing services (this includes transpor-tation and pedestrian facilities), policies, and practices for discrimination practices and barriers, under 28 CFR 35.105. This is a prerequisite for developing the Transition Plan. Section 504 - Means section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended. State - Means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. State Department of Transportation (STA) - Means, for the purposes of the Desk Reference, an agency respon-sible for the planning, construction, operation and maintenance of roads and highway construction in a State and is the primary recipient of Federal Financial Assistance. State Transportation Agency (STA) - Means, for the purposes of the Desk Reference, an agency whose primary mission is the planning, construction, operation and maintenance of transportation projects, programs, including roads and highways and is the primary recipient or sub-recipient of Federal Financial Assistance. Transition Plan-Under 28 CFR 35.150, a written plan that identifies the barriers to be removed, the timetable for completion and funding sources for removing information and physical barriers and the installation of curb ramps. Work included in the Transition Plan is an ongoing process requiring periodic updates. Truncated Domes - Small domes with truncated tops that are detectable warnings used at transit platforms, curb ramps, and hazardous vehicular ways. United States Code (USC) - The United States Code is the codification by subject matter of the general and per-manent laws of the United States. It is divided by broad subjects into 50 titles and published by the Office of the Law Revision Counsel of the U.S. House of Representatives.

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Appendix L: Acronyms and Abbreviations

AASHTO American Association of State Highway and Transportation Officials ABA Architectural Barriers Act Access Board United States Architectural and Transportation Barriers Compliance Board ADA Americans with Disabilities Act ADAAG Americans with Disabilities Act Accessibility Guidelines/ADA Standards

for Accessible Design/Americans with Disabilities Act / Architectural Barriers Act Accessibility Guidelines

ANSI American National Standards Institute APS Accessible Pedestrian Signals CFR Code of Federal Regulations DOD U.S. Department of Defense DOJ U.S. Department of Justice DOT U.S. Department of Transportation EEOC Equal Employment Opportunity Commission ERFO Emergency Relief program for Federal roads FCC Federal Communications Commission FEMA Federal Emergency Management Agency FHWA Federal Highway Administration FTA Federal Transit Administration FLHP Federal Lands Highway Programs HUD United States Department of Housing and Urban Development ISTEA Intermodal Surface Transportation Efficiency Act MOU Memorandum of Understanding MPO Metropolitan Planning Organization MUTCD Manual on Uniform Traffic Control Devices NEPA National Environmental Protection Act PROW Public Rights-of-Way and Public Right-of-Way PROWAG Public Rights-of-Way Accessibility Guidelines (Draft 2005) ROW Right-Of-Way RTP Recreation Trails Program SAFETEA-LU Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users SDOT State Department of Transportation STA State Transportation Agency STD State Transportation Department STIP Statewide Transportation Improvement Program STP Surface Transportation Program TCC Temporary Traffic Control TDD Telecommunication display device, or text telephone TEA-21 Transportation Equity Act for the 21st Century TE Transportation Enhancement Program TIP Transportation Improvement Program TTY Telecommunication display device, or text telephone

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ADA/504 APPENDICES

Acronyms and Abbreviations

U.S. ATBCB United States Architectural and Transportation Barriers Compliance Board (Access Board) UFAS Uniform Federal Accessibility Standards USC United States Code USDA United States Department of Agriculture USDI United States Department of the Interior U.S. DoD United States Department of Defense U.S. DOJ United States Department of Justice U.S. DOT United States Department of Transportation

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Appendix M: Relevant Court Decisions

This section contains a summary of important court decisions that have had a significant impact upon STA and FHWA Title II ADA/Section 504 compliance and oversight obligations. Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert. denied, 511 U.S. 1033 (1994): The Third Circuit Court of Appeals has interpreted alterations to include street resurfacing, requiring sidewalk access work to be completed, including curb cuts. Kinney, 9 F.3d at 1073-75. In Kinney, the City of Philadel-phia resurfaced city streets with an inch and a half of asphalt and mill and fill work without upgrading the curbs for pedestrian access under the ADA. The court reasoned that the city must provide curb cuts when resurfacing streets, because resurfacing as defined by the City is a sufficient change in use to meet the ADA definition of an "alteration." In reviewing the legislative history of the ADA’,the Court relied upon the Congress’ expansive, reme-dial construction of the term usability as it related to alterations . The Court quoted the Congressional statement that: “Usability should be broadly defined to include renovations which affect the use of a facility, and not simply changes which relate directly to access.” Kinney, 9 F.3d at 1073. [Relying on legislative history and the lan-guage of the ADA itself, the Court held that when a government resurfaces a street under the City’s definition, an alteration of the street occurs and the pedestrian access to that street via the curb cuts must be upgraded to comply with the ADA. Kinney, 9 F.3d at 1074-75. However, the Court distinguished between alterations, which change the usability of a facility, and maintenance, which only keeps the usability of a facility at the level for which the facility was designed. The Court concluded curb cuts in particular were the key facility to be in-cluded in the scope of a resurfacing alteration project because the DOJ regulation specifically required curb cuts at 28 CFR 35.151(e), without reference to any other type of pedestrian facility. Kinney, 9 F.3d at 1074.] Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002), cert. denied, 123 S.Ct.2639 (2003): In Barden, the Ninth Circuit Court of Appeals held that maintaining accessibility for pedestrians who are disabled under the ADA includes maintaining both curb ramps and sidewalks. Barden, 292 F.3d at 1074, 1077. The Court determined that sidewalks were a service, program or activity of the city under both the ADA and Section 504, so that maintaining and constructing public sidewalks was a normal function of the city. Further, the court deferred to the DOJ’s interpretation of its curb ramp regulation at 28 CFR 35.149-35.151, despite the fact that by referring to curb ramps only, the regulation was ambiguous concerning the issue of sidewalks. [The Court rea-soned curb ramps could not be accessible if the sidewalks were not accessible, and so held that DOJ’s require-ment that both sidewalks and curb cuts be built and maintained was enforceable. Barden, 292 F.3d at 1077.] Deck v. Toledo, 56 F.Supp.2d 886, summary judgment decision 76 F.Supp.2d 816 (1999): The Northern District of Ohio District considered the issue of what constituted a continuing violation of the ADA. First, the court noted that the ADA does not itself provide a specific statute of limitations. The Court found the ADA statute of limitations for Ohio to be determined by Ohio’s 2-year statute of limitations. Deck, 56 F.Supp.2d at 889-891. [The Court held that the city’s failure to properly supervise the construction of curb ramps did pre-sent a continuing violation of the ADA, as long as the plaintiffs could point to one instance of inadequate installa-tion that had occurred within the statute of limitations period. Deck, 56 F.Supp.2d at 892-895.]

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ADA/504 APPENDICES

Relevant Court Decisions

Uttilla v. Tennessee Highway Dept., 2000 WL 245476 (6th Cir. Feb.23, 2000): In an unpublished opinion, the Sixth Circuit Court of Appeals ruled on ADA-required curb cuts. That court de-nied the Tennessee Highway Department’s motion to dismiss a suit alleging that Tennessee had violated the ADA by failing to provide curb ramps. A class of persons with visual and mobility impairments sued the Tennes-see Highway Department, alleging it violated Title II by failing to (1) develop a schedule for providing curb ramps or other sloped areas where pedestrians cross, (2) make reasonable accommodations for persons with disabili-ties in the construction of new facilities or the alteration of old ones, and (3) enact and enforce ordinances pro-hibiting obstructions of sidewalks. The Court’s decision to allow the case to continue provides guidance on the types of relief a plaintiff may successfully seek. In Uttilla, plaintiffs sought purely prospective relief through a declaration of unlawful actions and injunctive orders for the state to develop a transition plan and otherwise fol-low the the DOJ ADA regulation and state sidewalk ordinances, with no monetary damages.

[In allowing this case to survive the motion to dismiss, the Court held that suits seeking declaratory and injunctive relief to change the future conduct of government officials may be successfully pursued by individuals alleging violations of the ADA and its implementing regulations.]

Ability Ctr. of Greater Toledo v. City of Sandusky, 133 F.Supp.2d 589 (N.D. Ohio 2001), affirmed 385 F.3d 901 (6th Cir. 2004): The Ohio Federal district court held that plaintiffs with mobility impairments could sue a city for its failure to install curb cuts on sidewalks and pedestrian walkways in compliance with the ADAAG, but could not sue the city for its failure to implement a transition plan or seek compensatory and punitive damages. The Ability Center of Greater Toledo and several individuals with mobility impairments sued the City of Sandusky under the ADA, alleging that many of its walkways had missing or inadequately installed curb cuts and ramps and, therefore, are inaccessible or unsafe for people who use wheelchairs or motorized scooters. Plaintiffs also claimed that the city failed to de-velop and implement a transition plan for the installation of curb cuts. [The Court granted both parties' motions for summary judgment in part, and in so doing provided a good example of losing arguments used by a governmental entity to avoid installing curb cuts. The city argued that the DOJ regulations did not demand "strict compliance" as long as the facilities are made accessible "when viewed in their entirety." However, the Court rejected this argument and held that while the regulations for existing facilities allow compliance "when viewed in their entirety," the standard for new or altered streets requires strict compliance. Sandusky, 133 F.Supp.2d at 592. The city also argued that some of the curb cuts were installed at one-and-a-half inches, instead of 1:12 under the ADAAG, to prevent the formation of ice. However, the Court rejected this argument because the regulations unequivocally state that transitions between streets and curbs must be free of abrupt changes, without any exceptions for weather- or flood-related considerations. Sandusky, 133 F.Supp.2d at 592; see ADAAG § 4.7.2. Finally, the city argued that the curb cuts were infeasible because the street area was “very short" at a disputed intersection. Without more, the court held that such a conclusory statement did not demonstrate how the curb cut could not be installed. Sandusky, 133 F.Supp.2d at 592. On appeal, the Sixth Circuit Court of Appeals affirmed the district court’s decision that plaintiff’s may pursue a private lawsuit based on violations of ADA-required construction requirements, but may not pursue a private lawsuit for transition plans. Sandusky, 385 F.3d 901 (6th Cir. 2004).] Courts have not uniformly accepted the rights of plaintiffs to challenge transition plans. The Sandusky case is an example of a court’s dismissal of a disabled group’s challenge to a city’s transition plan. However, other courts have ruled differently on transition plans. For example, in a 1997 Hawaii case, private plaintiffs successfully challenged the County of Hawaii’s transition plan. The County of Hawaii settled with the plaintiffs, resulting in court review of the county’s new transition plan. Alexa Russell v. County of Hawaii, No. 97-CV-1102 (D. Hawaii transition plan filed with court June 19, 2000), No. 97-CV 379 (D. Hawaii court monitoring of transition plan com-pliance ongoing).

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Appendix N: ADA/504 Facility Accessibility Equipment Source: Access By Design, Lovleland, CO (website)

The following is a list of tools that will be necessary to conduct a complete, accurate evaluation of your building or facility.

Floor Plans and Site Drawings. These are probably the most important tools you can have when conducting a survey. If you can't find drawings, create sketches as you go.

Tape Measure. You will need a 1/2"- or 3/4"-wide 25-foot tape measure for measuring ramps, stairs, door openings and overhanging objects, and other building elements. A 100-foot tape is useful for measuring corri-dors, ramps, and walks.

Pocket Ruler. A 6-inch ruler is useful for measuring smaller elements such as railing width, lettering height, stair nosing and uneven surfaces.

Clipboard. This is an essential writing surface for filling out forms.

Slope Measuring Tool. You can make a tool with self- constructed wedges and a bubble level, use a yardstick level and ruler, use a protractor or compass along with a level, or use any of several purchased tools. The "Pro Smart Level" is an excellent device for measuring slopes. It is available at hardware and lumber stores for about $130.

Door-Pull Scale. You will need a device to measure the pressure required to open a door. A door pressure gauge costs about $24 or you can make a tool using an accurate fish scale for about $20.

Stopwatch. This is required to determine the sweep-time of doors with automatic closers and the closing time of elevator doors.

Pens and Pencils. Colored pens and pencils with erasers will facilitate the recording of data and make it easier to interpret at a later date. Color notations on maps and plans are much easier to locate.

60" Circle. A pre-cut 60" diameter circle makes it easy to determine if adequate turning radius for wheelchairs is provided. Felt is a good, inexpensive fabric for this or cut one from a shower curtain.

Camera. Occasionally a situation will arise that does not lend itself to written or graphic description. A camera will be useful to record these situations. Be sure to make a note of the camera position and the directions of view on the facility diagram. Also, photographs will provide great documentation for "before" and "after."

Safety Vest. Needed when conducting reviews in outdoor areas along the pedestrian right-of-way to increase the reviewer(s) visibility to motorists.

Hard Hat. Needed when venturing into highway work zones or building construction work areas.

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ADA/504 APPENDICES

ADA/504 Facility Accessibility Equipment

Appendix O: Guidance on How to Write and Speak

About People with Disabilities and Older Adults

People with disabilities and older adults, like other underserved groups, are actively seeking full civil rights including participation in the arts as creators, audiences, staff, board members, panelists, volunteers, teachers and students. The way you portray people in what you write or say may enhance their dignity and promote positive attitudes. For example, refer to a person first, rather than a disability; this emphasizes the person’s worth and abilities. Politically correct vocabularies are constantly changing...but the following five “NEVER USERS” are here to stay! NEVER use the word “handicapped”; the word is disability. NEVER use a disability as an adjective. It is not a blind actor, but an actor who is blind. The focus should be on the person, NOT the disability. NEVER use “special”; this separates the individual from the group. You do not require information regarding “special needs of the group,” but “needs of the group.” No “special” tours, but tours that include people with disabilities. NEVER use euphemisms, such as “physically challenged,” “handicapable,” etc.; these suggest that barriers are good or that disabilities exist to build the person’s character. The person has a disability. NEVER use “clumping” or labels: “the disabled”; “the blind”; “the deaf”; “A.B.s” (able-bodied); “T.A.B.s” (temporarily able-bodied); or “normal”. Labeling people is never acceptable. “Able-bodied” is a relative, judgmental term. “Normal” is acceptable when applied to statistical norms and averages only.

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ADA/504 APPENDICES

Guidance on How to Write and Speak

AFFIRMATIVE NEGATIVE

♦People with disabilities ♦A disability

♦The handicapped ♦The impaired ♦The disabled ♦The unfortunate

♦Person who is blind ♦Person who is partially sighted or has low vision

♦The blind

♦Person who is deaf ♦Person who is hard of hearing

♦The deaf ♦Suffers a hearing loss

♦Person who uses a wheelchair ♦Person with limited mobility People use wheelchairs for mobility and freedom.

♦Confined or restricted to a wheelchair ♦Cripple

♦Person who has muscular dystrophy ♦Stricken by MD

♦Person with mental retardation ♦The retarded

♦Person with learning disabilities ♦The mentally defective ♦The learning disabled

♦Person with epilepsy ♦Person with a seizure disorder

♦Epileptic

♦Person who has multiple sclerosis ♦Afflicted with MS “Afflicted” emotionalizes disability.

♦Person affected by cerebral palsy ♦CP victim

♦Person who has AIDS ♦AIDS victim “Victim” sensationalizes a person’s disability. A person is not a victim of an impartial disease or disability.

♦Person who does not speak ♦Nonverbal

♦Dumb ♦Mute

♦Successful ♦Productive

♦Courageous This implies the person is a hero or martyr.

♦Person without disabilities ♦Non-disabled person

♦Normal Person This implies a person with a disability isn’t normal.

♦Older person ♦Older adult ♦Older American

♦The aged ♦The elderly ♦Senior citizen

♦Person who lives in a nursing home or long-term care institution

♦The infirm ♦The institutionalized ♦The homebound

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APPENDIX I - FHWA Funds That May be Used for Pedestrian Activities

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ADA/504 APPENDICES

FHWA Funds for Pedestrian Activities

Federal Highway Administration Programs

Program/Primary Purpose Eligible Pedestrian Activities

Metropolitan Planning (23 USC 104(f))

Transportation planning in urbanized areas in accordance with 23 USC 134 and 49 USC 5303.

Pedestrian planning as part of the metropolitan planning process.

Statewide Planning (23 USC 505)

Statewide transportation planning in accordance with 23 USC 135 and 49 USC 5304.

Pedestrian planning as part of the statewide planning process.

National Highway System (NHS) (23 USC 103)

Improvements to rural and urban roads that are part of the NHS or that are NHS Intermodal connectors.

Construction of pedestrian walkways on land adjacent to any highway on the NHS.

Surface Transportation Program (STP) (23 USC 133)

Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways and bridges including construction or reconstruction necessary to accommodate other transportation modes.

Construction of pedestrian walkways; modify public sidewalks to comply with the Americans with Disabilities Act. Projects do not have to be within the right-of-way of a Federal-aid highway.

Surface Transportation Program Transportation Enhancements Set-aside (TE) (23 USC 133(d)(2))

12 specific activities included in the definition of Transportation Enhancement Activities in 23 USC 101(a)(35).

3 of the 12 eligible categories are pedestrian facilities, safety and education for pedestrians, and rail-trails.

Interstate Maintenance (IM) (23 USC 119)

Resurfacing, restoring, rehabilitating, and reconstruct-ing most routes on the Interstate system.

No specific eligibility, but funds may be used to resurface, restore, rehabilitate, and reconstruct pedestrian facilities over, under, or along Interstate routes.

Highway Bridge Replacement and Rehabilitation (HBRRP) (23 USC 144)

Replace and rehabilitate deficient highway bridges and to seismically retrofit bridges located on any public road.

Pedestrian walkways on highway bridges (23 USC 217(e))

Federal Highway Administration Programs Program/Primary Purpose Eligible Pedestrian Activities

Highway Safety Improvement Program (HSIP) (23 USC 148)

To achieve a significant reduction in traffic fatalities and serious injuries on public roads.

Improvements for pedestrian safety. Construction and yellow-green signs at pedestrian crossings and in school zones. Identification of and correc-tion of hazardous locations, sections, and ele-ments (including roadside obstacles, railway-highway crossing needs, and unmarked or poorly marked roads) that constitute a danger to bicy-clists and pedestrians. Highway safety improve-ment projects on publicly pedestrian pathways or trails.

Congestion Mitigation and Air Quality Improvement Program (CMAQ) (23 USC 149)

Funds projects in non-attainment and maintenance areas that reduce transportation related emissions.

Construction of pedestrian walkways. Projects do not have to be within the right-of-way of a Federal-aid highway, but must demonstrate an air quality benefit.

National Scenic Byways Program (NSBP) (23 USC 162)

8 specific activities for roads designated as National Sce-nic Byways, All-American Roads, State scenic byways, or Indian tribe scenic byways. The activities are described in 23 USC 162(c). This is a discretionary program; all pro-jects are selected by the US Secretary of Transportation.

Construction along a scenic byway of a facility for pedestrians and improvements to a scenic byway that will enhance access to an area for the pur-pose of recreation. 23 USC 162(c)(4-5). Con-struction includes the development of the environ-mental documents, design, engineering, purchase of right-of-way, land, or property, as well as su-pervising, inspecting, and actual construction. [Note: Construction of the recreation facility is not eligible.]

Federal Lands Highways Program (FLHP) (23 USC 204)

Coordinated program of public roads and transit facilities serving Federal and Indian lands. Funding is broken into 4 discrete sources:

• Indian Reservation Roads (IRR) • Public Lands Highway - Discretionary & Forest

Highways • Parkways & Park Roads • Refuge Roads

Construction of pedestrian walkways.

Develop and maintain recreational trails and trail-related facilities for both non-motorized and motorized recreational trail uses.

Non-motorized or mixed use (motorized and non-motorized) trails. Eligible categories are trail maintenance and rehabilitation, trailside or trail-head facilities, construction and maintenance equipment, trail construction, trail assessments, and trail safety and environmental protection education.

Recreational Trails Program (23 USC 206)

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Federal Highway Administration Programs Program/Primary Purpose Eligible Pedestrian Activities

Transportation, Community, and System Preservation Program (TCSP) (S-LU Sec. 1117, formerly TEA-21 Sec. 1221)

Provides funding for a comprehensive program including planning grants, implementation grants, and research to investigate and address the relationships among transpor-tation and community and system preservation plans and practices and examine private sector based initiatives

Pedestrian projects meet several TCSP goals, are generally eligible for the TCSP program and are included in many TCSP projects.

Coordinated Border Infrastructure Program (S-LU Section 1303)

To improve the safe movement of motor vehicles at or across the border between the United States and Canada and the border between the United States and Mexico.

Eligible as part of an overall project.

Safe Routes to School (SRTS) (S-LU Sec. 1404)

1. To enable and encourage children, including those with disabilities, to walk and bicycle to school;

2. To make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and

3. To facilitate the planning, development, and imple-mentation of projects and activities that will im-prove safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools

Eligible Infrastructure Projects are planning, de-sign, and construction of infrastructure-related projects that will substantially improve the ability of students to walk to school, including

• sidewalk improvements,

• traffic calming and speed reduction im-provements,

• pedestrian crossing improvements,

• off-street pedestrian facilities, and

• traffic diversion improvements in the vi-cinity of schools.

Eligible non-infrastructure activities to encourage walking to school, including

• public awareness campaigns and out-reach to press and community leaders,

• traffic education and enforcement in the vicinity of schools,

• student sessions on pedestrian safety, health, and environment, and

• funding for training, volunteers, and man-agers of safe routes to school programs

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Federal Highway Administration Programs Program/Primary Purpose Eligible Pedestrian Activities

Non-motorized Transportation Pilot Program (NTPP) (S-LU Sec. 1807)

To demonstrate the extent to which bicycling and walking can carry a significant part of the transportation load, and represent a major portion of the transportation solution, within 4 identified communities (Marin County, CA; She-boygan County, WI; Columbia, MO; and Minneapolis/ St Paul, MN).

Construction of non-motorized transportation infrastructure facilities, including sidewalks, and pedestrian trails, that connect directly with transit stations, schools, residences, businesses, recreation areas, and other community activity centers. Educational programs; promotion; network and project planning; data collection, analysis, evaluation, and reporting of results

Metropolitan Planning Program (MPP) (49 USC 5305(d))

To carry out the metropolitan transportation planning proc-ess under 49 USC 5303.

Pedestrian planning as part of the metropolitan planning process.

Statewide Planning & Research (SPR) (49 USC 5305(e)

To carry out the provisions of 49 USC sections 5304, 5306, 5315, and 5322.

Pedestrian planning as part of the statewide plan-ning process.

Urbanized Area Formula Grants (49 USC 5307)

Transit capital and planning assistance to urbanized areas with populations over 50,000 and operating assistance to areas with populations of 50,000 - 200,000.

Improve pedestrian access to transit facilities and vehicles, including bike stations.

Urbanized Area Formula Grants Transportation Enhancements Set-aside (49 USC 5307(k))

1% set-aside of section 5307 funds for areas with popula-tion over 200,000 population for 9 specific activities in-cluded in the definition of Transit Enhancement Activities in 49 USC 5302(a)(15).

Pedestrian access

Job Access and Reverse Commute Program (49 USC 5316)

To provide transportation to connect welfare recipients and low income persons to jobs and employment support ser-vices such as child care and training.

To provide transportation to connect welfare re-cipients and low income persons to jobs and em-ployment support services such as child care and training.

To enhance the protection of national parks and public lands and increase the enjoyment of those visiting the parks and public lands.

Definition of "Alternative Transportation" includes "a non-motorized transportation system (including the provision of facilities for pedestrians, bicycles, and non-motorized watercraft)".

Alternative Transportation in Parks and Public Lands (49 USC 5320)

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FHWA Publication No.: FHWA-HCR-07-0003