Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance
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- 3.Chapter 3 – Transportation Facilities
- 3.1.1ADAAG and DOT Standards for Facilities
- 3.1.2Transit Agency Jurisdiction
- Coordination with Other Entities
- Shared Intercity (Amtrak) and Commuter Rail Stations
- Providing Accessible Routes to Bus Stops
2.11Written Policies and ProceduresFTA encourages transit agencies to implement and update written policies and procedures for operations in accordance with the various parts of the regulations. This includes, for example, written policies and procedures consistent with the Part 37 Subpart A general nondiscrimination requirements and the Part 37 Subpart G provision of service requirements. Written policies and procedures help ensure consistency in operations. They also help employees make objective (i.e., not arbitrary) decisions, which can help avoid unintentional discrimination. As noted above, training employees to proficiency in proper implementation of formal operating policies and procedures is paramount. FTA also encourages transit agencies to involve individuals with disabilities in developing appropriate policies and procedures for meeting regulatory requirements.
3.1IntroductionThis chapter explains the U.S. Department of Transportation (DOT) Americans with Disabilities Act (ADA) requirements for transportation facilities with particular emphasis on the requirements for new construction and alterations. It also highlights common issues that FTA has identified in oversight reviews. As defined in 49 CFR § 37.3, a facility is “all or any portion of buildings, structures, sites, complexes, equipment, roads, walks, passageways, parking lots, or other real or personal property, including the site where the building, property, structure, or equipment is located.” This Circular does not alter, amend, supersede, or otherwise affect the DOT ADA regulations themselves or replace the need for readers to reference the detailed information in the regulations. FTA recommendations and examples of optional practices are included throughout the Circular and do not represent requirements. FTA recognizes there are many different ways agencies can implement the regulatory requirements and ensure the delivery of compliant service. FTA encourages transit agencies to engage riders with disabilities when making decisions about local transit service. 3.1.1ADAAG and DOT Standards for FacilitiesRequirement“For purposes of [Part 37], a transportation facility shall be considered to be readily accessible to and usable by individuals with disabilities if it meets the requirements of [Part 37] and the requirements set forth in Appendices B and D to 36 CFR Part 1191, which apply to buildings and facilities covered by the Americans with Disabilities Act, as modified by Appendix A to [Part 37]” (§ 37.9(a)). “Facility alterations begun before January 26, 1992, in a good faith effort to make a facility accessible to individuals with disabilities may be used to meet the key station requirements set forth in §§ 37.47 and 37.51 of [Part 37], even if these alterations are not consistent with the requirements set forth in Appendices B and D to 36 CFR Part 1191 and Appendix A to [Part 37], if the modifications complied with the Uniform Federal Accessibility Standards (UFAS) or ANSI A117.1 (1980) (American National Standards Specification for Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped). This paragraph applies only to alterations of individual elements and spaces and only to the extent that provisions covering those elements or spaces are contained in UFAS or ANSI A117.1, as applicable” (§ 37.9(b)). “(1) New construction or alterations of buildings or facilities on which construction has begun, or all approvals for final design have been received, before November 29, 2006, are not required to be consistent with the requirements set forth in Appendices B and D to 36 CFR Part 1191 and Appendix A to [Part 37], if the construction or alterations comply with the former Appendix A to [Part 37], as codified in the October 1, 2006, edition of the Code of Federal Regulations. (2) Existing buildings and facilities that are not altered after November 29, 2006, and which comply with the former Appendix A to [Part 37], are not required to be retrofitted to comply with the requirements set forth in Appendices B and D to 36 CFR Part 1191 and Appendix A to [Part 37]” (§ 37.9(c)).10 DiscussionUnder the ADA, the U.S. Architectural and Transportation Barriers Compliance Board (Access Board) is responsible for creating design guidelines for the accessibility of facilities and vehicles subject to ADA requirements. These guidelines form the basis for enforceable standards incorporated by other Federal agencies, including DOT, into their ADA regulations. The Access Board issued its original ADA Accessibility Guidelines (ADAAG) in 1991 and, on the same day, DOT met its obligation to implement the ADA regulations through verbatim incorporation of ADAAG in Appendix A to Part 37. In 2004, the Access Board issued a major revision to ADAAG after an extensive notice and comment period.11 In addition, the Access Board issued technical amendments to the revised guidelines. In 2006, DOT issued a final rule adopting the Access Board’s 2004 revisions and subsequent technical amendments to ADAAG into Part 37 as standards. DOT made four additions or modifications to the Access Board’s version:
The requirements located in Appendix B and Appendix D to 36 CFR Part 119112 and in Appendix A to Part 37 are together henceforth referred to as the ADA Standards for Transportation Facilities (DOT Standards). The DOT Standards, which are different from the Department of Justice’s 2010 standards, contain the requirements that apply to transportation facilities.13 Existing facilities built under and compliant with the original ADAAG do not have to be retrofitted to comply with the DOT Standards.14 (See Circular Section 3.4.) 3.1.2Transit Agency JurisdictionPart 37 Subpart C obligates public entities to follow the DOT Standards when constructing new transportation facilities and when altering existing ones. Subpart C also obligates these entities to operate their transportation facilities in a manner that, when viewed in their entirety, are accessible to and usable by individuals with disabilities. Transit facilities constructed or controlled by one entity often are used by others, or connect to transit facilities or services operated by another entity. For example, a bus transfer center may be constructed by a municipality for use by the operator of the bus system, with a connection to a commuter rail station beneath. In such cases, entities are encouraged to coordinate closely with each other, especially during the design and construction or alteration of transportation facilities, to ensure accessibility to the maximum extent possible. Coordination with Other EntitiesDespite these jurisdictional challenges, when transit agencies undertake construction or alteration projects involving their own facilities, FTA encourages them to engage with other entities that control facility elements individuals with disabilities use or would use to access the transportation facility. It is to the transit agency’s advantage to document such coordination efforts, in the event that questions arise as to which party is responsible for what elements. The goal of such coordination efforts is to make sure that all entities involved with a transportation facility are working together to make the facility accessible. Construction projects often provide an opportunity that transit agencies can use to address accessibility issues by encouraging entities controlling adjacent facilities to participate in the project. This might include advising a municipality that controls sidewalks adjacent to a new rail station of identified barriers such as missing or noncompliant curb ramps. Where coordination cannot be obtained, transit agencies are encouraged to contact the FTA Office of Civil Rights. In these situations, FTA may be able to facilitate coordination in consultation with the Federal Railroad Administration (FRA), Federal Highway Administration (FHWA), or other counterparts. Shared Intercity (Amtrak) and Commuter Rail StationsAppendix D to § 37.49 explains coordination requirements for shared Amtrak and commuter rail stations: [Section 37.49] sets forth a mechanism for determining who bears the legal and financial responsibility for accessibility modifications to a commuter and/or intercity rail station. The final provision of the section is the most important. It authorizes all concerned parties to come to their own agreement concerning the allocation of responsibility. Such an agreement can allocate responsibility in any way acceptable to the parties. [DOT] strongly encourages parties to come to such an agreement. Importantly, in the absence of such an agreement, the statute and regulations allocate responsibility. Section 37.49(b) provides that if a public entity (such as a public transit system) owns more than 50 percent of a rail facility that is used by both commuter and intercity rail, then the public entity is responsible for making it accessible. If, however, a private entity owns more than 50 percent of such a rail facility, Amtrak and the operator of commuter rail share responsibility for making it accessible. (See § 37.49(c).) As discussed in Circular Chapter 1, private transportation providers’ services are under Department of Justice (DOJ) jurisdiction, and Amtrak’s services are under Federal Railroad Administration (FRA) and DOJ jurisdiction. Consistent with FRA policy, construction of new facilities or modifications to existing facilities owned by or shared with Amtrak require review and approval by FTA and FRA. Transit agencies constructing new commuter rail stations or making alterations to existing commuter rail stations are encouraged to coordinate their efforts with FTA and FRA early in the planning process. 3.1.3Bus StopsSection 810.2 of the DOT Standards applies to construction, alteration, or relocation of bus stops. This means, where practicable, siting bus stops at locations that will permit construction of a boarding and alighting area that complies with Section 810.2, which covers elements such as surface, dimensions, connections, and slope. Section 810.2 also requires: New, altered, or relocated bus stops must have a firm, stable surface and must provide a clear length of 96 inches (2,440 mm), measured perpendicular to the curb or vehicle roadway edge, and a clear width of 60 inches (1,525 mm), measured parallel to the vehicle roadway. Bus stops must also connect via an accessible route to streets, sidewalks, or pedestrian paths. The slope of the bus boarding and alighting area in the direction parallel to the roadway must be the same as that of the roadway to the maximum extent practicable. Perpendicular to the roadway, the slope must not exceed 1:48, that is, not more than 1 inch of rise over a horizontal distance of 48 inches. As noted above, these requirements apply to the extent that construction specifications are within the control of public entities; compliance is required to the maximum extent practicable. If a transit agency does not own the right-of-way, but another public entity does own it, FTA encourages the transit agency to work with the public entity to come to an arrangement where a bus boarding and alighting area that complies with Section 810.2 to the maximum extent practicable is provided. Section 209.2.3 of the DOT Standards provides that bus stops located on streets without sidewalks are subject to the same Section 810.2 requirements to the maximum extent practicable. In these cases, this means constructing or locating bus stops with connections via an accessible route to the public right-of-way; if the only public right-of-way is a roadway, this means providing connections to the roadway. Providing Accessible Routes to Bus StopsWhile sidewalks and other features of pedestrian rights-of-way are often outside a transit agency’s jurisdiction, an accessible pathway to a bus stop is nevertheless an essential element of overall accessible fixed route service. A lift-equipped bus or a bus stop with a level pad of the proper dimensions serves little value to an individual with a disability if the individual cannot reach the bus stop (to board a bus) or cannot travel beyond the bus stop (after alighting from a bus). An individual with a disability who could otherwise ride an accessible bus but cannot reach the bus stop due to the lack of an accessible route would be eligible for complementary paratransit, at least on a conditional basis. (See Circular Section 9.2.) FTA encourages transit agencies to inventory the location of their bus stops in relation to accessible pedestrian routes, and coordinate with owners of public rights-of-way (e.g., local municipalities) to help ensure connections to stops are as accessible as possible. Bus SheltersTransit agencies usually have control over bus shelters. Section 810.3 of the DOT Standards specifies that the minimum clear floor or ground space (as set forth in Section 305) must be entirely within the shelter to accommodate individuals using wheelchairs and must be connected to an accessible route that complies with Section 402 to the boarding and alighting area. 3.1.4BRT FacilitiesBus facilities such as transfer stations and bus rapid transit (BRT) stations often employ “platforms” from which passengers board. Such “platforms” are subject to the requirements for bus stop boarding and alighting areas in Section 810.2 of the DOT Standards. Where a facility provides multiple “platforms,” each must comply with these requirements. Directory: sites -> fta.dot.gov -> files -> docs docs -> Federal Transit Administration Safety Advisory 14-1: Right-of-Way Worker Protection docs -> Alternative Fuels and Propulsion Vehicle Incentives docs -> Job Access Reverse Commute (jarc) Program fy 2010 Service Profiles docs -> Review of the new jersey transit corporation docs -> Review of new Jersey Transit Corporation docs -> Review of the jacksonville transportation authority docs -> Jacksonville Transportation Authority Assessment of ada complementary Paratransit Service Capacity Constraints June 8-11, 1999 docs -> Final policy statement docs -> 1200 New Jersey Ave, se washington, dc 20590 Download 1.93 Mb. Share with your friends:
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