Resources for Environmental Access Committee Watercooler call of 3//29/16

NOTE: The resource listingis intended to supplement the discussion on the call, and does not provide ‘answers’ to the questions shown here.

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Question 1. There were several questions that basically asked: When are modifications required?

a) For older buildings, do they need to mark their stairs? If not, is there a point in time where they need to? Like during repairs?

b) Is there an ADA plan for cities that lack truncated domes and APS? Our city states they don't have the funding to do these things.

c) When state and federal money are involved in urban road improvement projects, what must occur to require installation of aps vs more traditional signals. Must a visually impaired person request an APS.

d) What are the new standards for updating existing traffic light controlled intersections with APS signals, even when no updates are needed.

Resources and information related to above questions:

Under ADA, there are essentially three levels of implementation:

1) new construction – adhere to standards with very little flexibility,

2) alterations – adhere to standards unless technically infeasible(technically infeasible is not yet defined in proposed public rights-of-way standards, but is described in guide to ADA standards as “something that has little likelihood of being accomplished because existing structural conditions would require removing or altering a load-bearing member that 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.” From

3) program access – respond to requests for accommodation when there is no planned renovation or alteration,

In addition, every state and city is supposed to have an ADA transition plan detailing how they will bring their facilities into compliance with ADA. This is another place that requests can help to get things like APS and other upgrades into plans and funded.

Buildings:

ADA standards apply in new buildings and sites and alterations to buildings and sites, and are the guide in program access. The US Access Board writes guidelines that become enforceable standards when they are adopted by the Department of Justice or the Department of Transportation. Standards especially relevant to O&M include detectable warnings, protruding objects, and signage:

ANSI and local building codes may go beyond ADA requirements (ADA standards are minimum technical requirements). There may be differences in application requirements in buildings that are open to the public (commercial facilities) vs housing or office facilities.

For public rights-of-ways (streets and sidewalks):

Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way (proposed PROWAG); The proposed rules require APS at locations where pedestrian signals are installed and require detectable warnings on curb ramps and some other locations.

A 2013 supplement addressed shared use paths (greenways)

A memo from Federal Highway Administration (FHWA) basically says that proposed Public Rights-of-Way rules should be considered best practice:

Additional information from FHWA Civil Rights division specifies the statutes that require agencies to make the public right of way accessible and answer other questions:

DOJ/DOT information on curb ramps and street resurfacing

Departments of Transportation in some state have adopted proposed PROWAG as their standard:

Minnesota has lots of potentially useful information.

Maryland

ADA complaints related to APS have resulted in installation of APS at all new intersections in some locations:

Maryland

Case study 4 -

San Francisco

Nassau County, NY

2011 case settlement in Oakland County Michigan requires the installation of pedestrian hybrid beacons at roundabouts -

Several court cases have addressed ADA requirements in the public right-of-way, mainly related to curb ramps and sidewalks

Kinney v. Yerusalem basically requires curb ramps to be installed and/or upgraded to current standards when streets are repaved -

Barden v City of Sacramento stated that sidewalks are a program of the city and required the city to implement a plan to repair sidewalks -

Settlement with the City of Chicago required the city to spend 10 million per year to install curb ramps -

There are information sheets,developed by the Environmental Access committee, on the AER O&M division web site under resources on Accessible Pedestrian Signals, detectable warnings, and construction areas. In addition, there’s a sample letter requesting modifications.

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Question 2. Do buildings need to mark their stairs? Is it recommended (and preferable) that each step be marked vs. just the 1st and last step of a staircase?

Recommendations for stairs:

“Advisory 504.4 Tread Surface. Consider providing visual contrast on tread nosings, or at the leading edges of treads without nosings, so that stair treads are more visible for people with low vision.”

2008 ANSI A117.1 Section 504.5.1

ANSI requires "the leading 2" of the tread shall have visual contrast of dark-on-light or light-on-dark from the remainder of the tread."

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Question 3. What are the new standards for updating existing traffic light controlled intersections with APS signals

Standards for Accessible Pedestrian Signals:

- see workshop slides on APS workshop section on requirements and APS features

MUTCD Part 4E.08 – 4E.13

or

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Question 4.(shortened and paraphrased)I'm seeing more and more completely flush curb ramps with no ramps, and median islands that are also completely flush with truncated domes at each side of the island…… Should/could changes be made to the definition of how truncated domes should be used?

These uses are in compliance with results of research and current regulations regarding detectable warnings in the Proposed Public rights-of-way guidelines R208 and R305

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Question 5. NYC transit is programming traffic lights for 'delayed green' with active walk sign to allow pedestrians to get a jump on turning cars. Of course, this is great for travelers with enough vision to read signs but awful for those waiting for a surge. Suggestions?

This is usually called leading pedestrian interval.

MUTCD Part 4E.06, par 19 – 24

Proposed PROWAG R209.2

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Question 6. at a very wide crossing (total of 9 lanes) with minimal parallel traffic and a painted median but good pedestrian visibility, if my dog user is concerned about making it across in time, should I encourage her to continue or to train dog to wait at median>?

Don’t wait on painted median. Request signal retiming and/or APS, if needed.

Signal timing information:

MUTCD 4E.06 par 07 - 18

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Question7. Tips for determining safest time to cross when near side parallel lane is right turn only

JVIB article with graphic on near lane parallel- Blind Pedestrians and the Changing Technology and Geometry of Signalized Intersections: Safety, Orientation, and Independence, Janet M. Barlow, Billie Louise Bentzen, and Tamara Bond

Requesting an APS

Article on encouraging right turning vehicles to yield, Conditions that Influence Drivers' Yielding Behavior in Turning Vehicles at Intersections with Traffic Signal Controls, Eugene A. Bourquin, Robert Wall Emerson, Dona Sauerburger, and Janet M. Barlow

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Question 8. Are there any rules regarding pedestrian access around construction sites blocking sidewalks?

MUTCD Part 6.D1 and 6.D2 and 6F.63, par 03 - 07 and 6F.71, par 07 & 08.

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Question 9 & 10: Therewere two questions on roundabout design standards and requirements.

Standards and guidance on roundabouts

Access Board bulletin

Proposed PROWAG, R306.3 and R306.4

FHWA Roundabout Guide, NCHRP Report 672, Chapter 2, user considerations, section 2.3.2 and Chapter 9, landscaping or just do a find on ‘blind’

Recent research on roundabouts and pedestrians who are blind

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References and Resources Watercooler discussion with the Environmental Access Committee

3/29/2016 page 1