ADA Became Law In 1990

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2 ADA Became Law In 1990 Many conflicts between State & Federal guidelines exist. Always default to the more stringent requirements. California Access Codes have come closer but still not equal to the Federal Standards. We must recognize both State & Federal standards when upgrading or adding new bus stops.

3 CHANGES TO FEDERAL ADA CALIFORNIA TITLE ADAAG CHANGES! 2010 CBC TITLE 24 CHANGES! What Do These Changes Mean To Me?

4 DOJ s FINAL RULE 2010 Issued on July 23, 2010 to coincide with 20th anniversary of enactment of the ADA. Adopts ADA Ch.1,2 & 3-10 of ADA/ABA (2004 ADAAG) The 2010 standards for accessible design consist of 2004 ADAAG & subpart D of 28 C.F.R. part 36

5 Effective Date-New Construction & Alterations Publication Date in Federal Register is Sept. 15, 2010 Effective Date is 6 months from publication in Fed. Reg. (effective date March 15, 2011) Alterations & New Construction must comply with 1991 standards if trigger event before Sept. 15, 2010 Alterations & New Construction must comply with either 1991 or 2010 if trigger event is on or after Sept. 15, 2010 but before March 15, 2012 Alterations & New Construction must comply with 2010 standards if trigger event is on or after March 15, 2012

6 New 2010 ADA:Effective Date-Barrier Removal Barrier Removal Projects Prior to March 15, 2012: all noncompliant elements that don t meet 1991 standards will be subject to 1991 or 2010 standards for barrier removal. 18 months after date of publication in the Federal Register is March 15, 2012 Barrier Removal Projects On or After March 15, 2012: 2010 ADA standards must be followed for barrier removal.

7 New 2010 ADA: Safe Harbor Rules Element-by-element safe harbor: All businesses currently in compliance with the 1991 standards (that are not altered on or after March 15, 2012) will not require further barrier removal No Safe Harbor: for attempted barrier removal falling short of full compliance with 1991 standards No Safe Harbor: for elements not included in 1991 ADAAG Safe Harbor: for path of travel serving primary function area if currently complies with 1991 standards

8 Transportation Facilities/ Bus Stop requirements / New Construction or alterations Bus Stops and Terminals. Where provided, bus stop pads shall have a firm, stable surface with a minimum clear length of 96 (measured from the curb) by 60 (measured parallel to vehicle road-way) to the maximum extent allowed by legal or site constraints. Bus stop pads shall connect to streets, sidewalks or pedestrian paths as part of an accessible route complying with section 1114B.1.2 New Bus stop pads must have a square curb surface between the pad & road or detectable warning system.

9 Transportation Facilities/ Bus Stop requirements / New Construction or alterations Bus stop pads shall be at the same slope as the roadway in the direction parallel to roadway, and maximum 2% slope perpendicular to roadway. Bus stop shelters shall be installed so as to permit a wheelchair user to enter the shelter from the public way and access a 30 by 48 clear floor area completely within the shelter and must connect to an accessible route. Bus stop sites shall be chosen such that the areas where lifts or ramps are to be deployed comply with the above codes

10 Passenger Drop-Off and Loading Zone requirements / New Construction or alterations Where provided, passenger drop-off and loading zones shall be located on an accessible route of travel (complying with 1114B.1.2) and shall comply with 1131B.2. Passenger Drop-off and loading zones shall provide an access aisle minimum 5 wide by 20 long adjacent and parallel to the vehicle pull-up space. Vehicle standing spaces & access aisles shall be max. 2% in all directions If there are curbs between the access aisle and vehicle pull-up space, a curb ramp shall be provided.

11 Passenger Drop-Off and Loading Zone requirements / New Construction or alterations Each passenger drop-off & loading zone designed for disabled use shall be identified by a reflective sign stating Passenger Loading Zone Only including the ISA in white on dark blue background (complying with 1117B.5.1) Passenger Bus or Vehicle drop-off & loading zones must provide a minimum vertical clearance of 114 from at least one site entrance and exits along the vehicle access route.

12 Transportation Facilities/ Bus Stop requirements / New Construction or alterations Provide wheelchair area next to bench Provide proper signage for disabled

13 Transportation Facilities/ Bus Stop requirements / New Construction or alterations Provide clear space around poles or trees Provide compliant connection to path of travel

14 Transportation Facilities/ Bus Stop requirements / New Construction or alterations Provide level landing, space for wheelchair and companion seating under shelter

15 Transportation Facilities/ Bus Stop requirements / New Construction or alterations Lacks level pad, connection to accessible route and proper seating

16 Unreasonable Hardship In New Construction California requires a determination of Unreasonable Hardship be found in order to be eligible for a specific exception. Federal does not allow cost to be a factor in determining if a facility be made accessible. ADA allows exception if entity can demonstrate that it is Structurally Impracticable to meet the requirements of the regulation.

17 What Triggers Upgrade Requirements The Federal requirements for providing accessible bus stops and passenger drop-off loading zones have been clear for twenty years. Each City and County is required to remove barriers that impede access to the disabled along public sidewalks, accessible walks and all public common areas. The installation of a new bus stop must meet new construction standards. Upgrading existing bus stops require that the area upgraded meet the new construction standards

18 Common Mistakes Found When Installing Bus Stops and Shelters Installation of an under sized pad for shelter not allowing for wheelchair clear space. Inadequate access to the public sidewalk or complete lack of connection. Outdated or inadequate signage blocked by vegetation, shelter or facing the wrong direction. Improper design of boarding & alighting area to accessible route and shelter.

19 Common Bus Stop Mistakes Found In Rural Areas Bus Stop provided on side of dirt road with grass and mud forcing wheelchair user to wait either too close to traffic or out of sight of bus driver. Bus Stop lacks required identification and way finding signage with wrong font type and size, glare finish and wrong height. Bus Stops on private property such as grocery stores that have not provided adequate pull-out or loading area safe from vehicle traffic. The lack of any path of travel from the stop to a safe area away from roadway.

20 Bus Stops in Rural Areas With Difficult Terrain ADA states that with existing bus stops exceptions can be made when it is shown that full compliance with specific guidelines would cause an undue burden or is technically infeasible. With new construction the only exception is if site conditions are so severe that reaching full compliance is not legally or physically possible. Strive to provide the highest level of access at every stop even if a specific stop is not wheelchair accessible. Remove low hanging hazards, protruding objects and over grown vegetation from around each stop.

21 ADA Lawsuits Against Transit Agencies in California Disabled lawsuits have doubled since 2001 A disabled person does NOT have to use your bus stop or ride your bus to be denied access and file suit. All disabled persons have new laws and more knowledge that give them more power to sue and collect monetary awards. With the current economic condition more disabled persons are relying on accessible public transportation. By 2015 one in four Americans will have some form of mobility impairment. Providing access for Hearing and Sight Impaired has risen dramatically in the last ten years

22 What services does ADACC provide to our Clients? Internal & External ADA Evaluations Architectural & Civil Engineered Plans Turn Key Project Management Solutions Communication with Local Building Dept. & Contractor Oversight. Perform Post Construction Inspections

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