Federal Transit Administration November 4, 2015 Subject: americans with disabilities act (ada): guidance


Accessibility of Landside Facilities



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10.4Accessibility of Landside Facilities


Ferry terminal facilities vary widely, depending on factors such as the purpose and capacity of the ferry service and vessel, coastal conditions, and the types of vessels each terminal may handle. Examples of different types of facilities include:

Terminals for high-capacity passenger-only ferries such as the Staten Island Ferry in New York

Medium-capacity passenger-only commuter ferries such as the San Francisco Bay and Golden Gate Bridge Ferries

Small-capacity passenger-only ferries such as those managed by the MBTA in Boston

High-capacity passenger and vehicle ferries such as Washington State Ferries

Small-capacity passenger and vehicle ferries such as the Maine State Ferry System

Terminals that serve vehicles and passengers are often more complex than passenger-only terminals. In addition, all terminals in tidal locations with tides of 5 feet or higher have more complex ramp or transfer bridge boarding systems compared to those with tide ranges of 5 feet or less. Terminals in river locations may need to provide varying access to accommodate seasonal changes in river levels.

10.4.1New Facilities

Requirement

“As a PVO, you must comply with the following requirements with respect to all terminal and other landside facilities you own, lease, or control in the United States (including its territories, possessions, and commonwealths):

With respect to new facilities, you must do the following:

(1) You must ensure that terminal facilities are readily accessible to and usable by individuals with disabilities, including individuals who use wheeled mobility assistive devices. You are deemed to comply with this obligation if the facilities meet the requirements of 49 CFR 37.9, and the standards referenced in that section.

(2) You must ensure that there is an accessible route between the terminal or other passenger waiting area and the boarding ramp or device used for the vessel. An accessible route is one meeting the requirements of the standards referenced in 49 CFR 37.9” (§ 39.61(a)).


Discussion

When constructing new terminals and other landside facilities, § 39.61(a) requires public or private PVOs to meet specific accessibility requirements. These requirements are based on the ADA Standards for Transportation Facilities (DOT Standards) covered in § 37.9 and discussed in Circular Chapter 3.

In addition to incorporating accessibility features covered by the ADA, § 39.61(a)(2) requires passenger vessel facilities to include an accessible route between the terminal or other passenger waiting area and the boarding ramp or device used for the vessel. An accessible route is one meeting the DOT Standards.

For example, as part of reconstruction following fire damage, the Staten Island Ferry Whitehall terminal incorporated a high-capacity accessible ramp and elevator system to accommodate very large crowds of pedestrians for boarding and unloading on multiple levels. The new high-capacity passenger-only access system replaced a combined vehicle and passenger access system.

10.4.2Alterations

Requirement

“When a facility is altered, the altered portion must meet the same standards that would apply to a new facility” (§ 39.61(b)).
Discussion

When altering existing terminal and other landside facilities, § 39.61(b) requires PVOs to meet the same standards that apply to a new facility. For example, when the Staten Island Ferry terminal at St. Georges underwent alterations, the project converted vehicle ramps into accessible passenger ramps and added elevators. As another example, boarding systems at other locations such as Larkspur and the San Francisco Ferry Building in California have been constructed with either ramps and float systems or mechanical transfer bridges, depending on the vessels used on different routes.

10.4.3 Program Accessibility Requirements

Requirement

“With respect to an existing facility, your obligations are the following:

(1) If you are a public entity, you must ensure that your terminals and other landside facilities meet program accessibility requirements, consistent with Department of Justice requirements at 28 CFR 35.150.

(2) If you are a private entity, you are required to remove architectural barriers where doing so is readily achievable, i.e., easily accomplishable and able to be carried out without much difficulty or expense, consistent with Department of Justice requirements at 28 CFR 36.304 or, if not readily achievable, ensure that your goods, services, facilities, privileges, advantages, or accommodations are available through alternative methods if those methods are readily achievable, consistent with Department of Justice regulations at 28 CFR 36.305” (§ 39.61(c)).

Discussion

Section 39.61(c)(1) requires public entities to conduct their programs in an accessible manner. The following are examples of accessible and usable programs and activities for passenger vessel services and terminals:

Accessible fare cards and ticketing options

Accessible websites and mobile applications

Accessible ferry schedules

Adequate lighting

Enhanced wayfinding and signage for persons with speech and hearing impairments, including use of TDDs, 711 Relay telephones, broadcast text messaging, and similar devices

Enhanced wayfinding and signage for individuals with visual impairments, including public address announcements and text-to-speech devices

Continuous accessible pathways for individuals with visual and ambulatory impairments

Public address systems and clocks

User guidance in multiple formats on site-specific marine conditions that might affect boarding or use of the ferries for all passengers including people with disabilities. These might include weather reports, operating conditions, tide reports, and any variations in accessible paths of travel related to tide or weather factors.


10.4.4Shared Facilities

Requirement

“Where you share responsibility for ensuring accessibility of a facility with another entity, you and the other entity are jointly and severally responsible for meeting applicable accessibility requirements” (§ 39.61(d)).
Discussion

When PVOs share a terminal facility with another entity, both entities share responsibility for ensuring accessibility of that facility. Some PVOs provide public transportation services that operate from privately owned landings that use publicly owned vessels acquired with FTA funds. Such shared terminal facilities are subject to the same access requirements as public terminals. For example, a privately owned ferry terminal at Fan Pier Cove in Boston Harbor was constructed in anticipation of publicly operated FTA-funded commuter ferries and includes boarding ramps and terminal facilities designed to comply with § 39.61(d).

10.4.5Facility Requirements for Individuals with Hearing or Vision Impairments

Requirement

“As a PVO, you must ensure that the information you provide to the general public at terminals and other landside facilities is effectively communicated to individuals who are blind or who have impaired vision and deaf or hard-of-hearing individuals, through the use of auxiliary aids and services. To the extent that this information is not available to these individuals through accessible signage and/or verbal public address announcements or other means, your personnel must promptly provide the information to such individuals on their request, in languages (e.g., English, Norwegian, Japanese) in which the information is provided to the general public” (§ 39.63(a)).

“The types of information you must make available include, but are not limited to, information concerning ticketing, fares, schedules and delays, and the checking and claiming of luggage” (§ 39.63(b)).


Discussion

In 2011, Washington State Ferries began implementing a visual paging system that displays important travel-related information on video screens for passengers with hearing impairments. This system, which transmits the same information via text message, is a good example of accessible activities discussed in Circular Section 10.4.3.


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