ADA Compliance During Construction Module - 10

Why is Accessibility Important? Nationwide issue Often overlooked or underestimated during Design & Construction Potential Liability Civil Penalties

Abbreviations Temporary Traffic Control (TTC) Americans with Disabilities Act of 1990 (ADA) Americans with Disabilities Act Accessibility Guidelines (ADAAG) 28 CFR part 35.151 + 2004 ADAAG = 2010 Standards for Accessible Design Manual on Uniform Traffic Control Devices (MUTCD) as amended for use in California

Discussion Authorities State Level Federal Level Caltrans California MUTCD, Part 6 Local Governments Federal Level Department of Justice FHWA

Temporary Facilities …including reasonably safe pedestrian routes around work sites, are also covered by the accessibility requirements of the Americans with Disabilities Act of 1990 (ADA) rev on September 15, 2010. -- for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.

Path of Travel An alteration that affects or could affect the usability of or access to an area of a facility that contains a primary function shall be made so as to ensure that, to the maximum extent feasible, the path of travel to the altered area and the restrooms, telephones, and drinking fountains serving the altered area are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless the cost and scope of such alterations is disproportionate to the cost of the overall alteration.

Path of Travel A "path of travel" includes a continuous, unobstructed way of pedestrian passage by means of which the altered area may be approached, entered, and exited, and which connects the altered area with an exterior approach (including sidewalks, streets, and parking areas), an entrance to the facility, and other parts of the facility.

Alterations …made to provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function area.

ADA Requirements CHAPTER 4 Accessible Routes CHAPTER 5 General Site and Building Elements CHAPTER 8 Special Rooms, Spaces and Elements

ADA Requirements Road, sidewalk, and building designers should coordinate their efforts to ensure that accessible sidewalks are developed in new construction and alterations. Good review processes, including a variety of interest groups, can ensure that construction plans for accessible sidewalks are implemented. Transportation agencies differ greatly in the degree to which they address pedestrian facilities... (CH 4 Accessible Routes)

During Construction

Sidewalk Work When an existing continuous sidewalk or street crossing route cannot be maintained for pedestrians because of construction, either temporary walkways with curb ramps are to be provided, or the construction shall be phased to maintain access to the affected addresses. Contractors shall be allowed flexibility as long as the requirements are met.

Pedestrian Accommodation A continuous route for all pedestrians, including the disabled and bicyclists, shall be maintained at all times. When existing pedestrian facilities are disrupted, closed, or relocated in a TTC zone, the temporary facilities shall be detectable and include accessibility features consistent with the features present in the existing pedestrian facility.

Temporary Traffic Control Considerations The TTC pedestrian accommodation that utilizes a temporary route does the following: Defines detoured routes clearly. Provides advance signage at intersections rather than mid-block locations. Separates pedestrians from vehicle traffic. Avoids mid-block crossings. Ensures that temporary routes are not much longer than the original route. Provides clear and positive guidance to delineate a temporary route. Provides continuous access to transit stops and/or relocates transit stops. Provide pedestrian information throughout the TTC zone. Provide advance information, transition information, work area information, and ingress and egress directions for pedestrians. See Accommodating Pedestrians in Work Zones brochure developed by FHWA; FHWA-SA-03-011. The TTC pedestrian accommodation that utilizes a temporary route does the following: Defines detoured routes clearly. Provides advance signage at intersections rather than mid-block locations. Separates pedestrians from vehicle traffic. Avoids mid-block crossings. Ensures that temporary routes are not much longer than the original route. Provides clear and positive guidance to delineate a temporary route. Provides continuous access to transit stops and/or relocates transit stops. Maintain a continuous accessible path of travel either around or through the construction site throughout all construction phases. Ensure compliance with Americans with Disabilities Act (ADA) of 1990 requirements. Provide an alternate route when existing pedestrian facilities are disrupted, closed, or relocated in a TTC zone. Temporary facilities should replicate the features present in the existing pedestrian facility. Ensure a minimum sidewalk width of 36″ (a 48″ width is desirable), erect curb ramps, and provide passing space (minimum 5 foot by 5 foot space every 200 feet). Maintain a minimum width and smooth surface to avoid creating tripping danger and to minimize barriers to wheelchair use. This includes providing ADA compliant facilities. Make all barriers and channelizing devices detectable for pedestrians with visual disabilities. Note that the use of caution tape stretched between traffic control devices is not adequate and not acceptable. Consider using additional devices for visual disabilities, such as audible information devices or accessible pedestrian signal. Maintain pedestrian access to businesses, residences, transit stops, etc. Provide temporary nighttime lighting for pedestrian walkways throughout the TTC zone.

Temporary Traffic Control Considerations Provide pedestrian information throughout the TTC zone. Maintain a continuous accessible path of travel either around or through the construction site throughout all construction phases. Ensure compliance with Americans with Disabilities Act (ADA) requirements. Maintain pedestrian access to businesses, residences, transit stops, etc. Provide temporary nighttime lighting for pedestrian walkways throughout the TTC zone. Provide pedestrian information throughout the TTC zone. Provide advance information, transition information, work area information, and ingress and egress directions for pedestrians. See Accommodating Pedestrians in Work Zones brochure developed by FHWA; FHWA-SA-03-011. The TTC pedestrian accommodation that utilizes a temporary route does the following: Defines detoured routes clearly. Provides advance signage at intersections rather than mid-block locations. Separates pedestrians from vehicle traffic. Avoids mid-block crossings. Ensures that temporary routes are not much longer than the original route. Provides clear and positive guidance to delineate a temporary route. Provides continuous access to transit stops and/or relocates transit stops. Maintain a continuous accessible path of travel either around or through the construction site throughout all construction phases. Ensure compliance with Americans with Disabilities Act (ADA) of 1990 requirements. Provide an alternate route when existing pedestrian facilities are disrupted, closed, or relocated in a TTC zone. Temporary facilities should replicate the features present in the existing pedestrian facility. Ensure a minimum sidewalk width of 36″ (a 48″ width is desirable), erect curb ramps, and provide passing space (minimum 5 foot by 5 foot space every 200 feet). Maintain a minimum width and smooth surface to avoid creating tripping danger and to minimize barriers to wheelchair use. This includes providing ADA compliant facilities. Make all barriers and channelizing devices detectable for pedestrians with visual disabilities. Note that the use of caution tape stretched between traffic control devices is not adequate and not acceptable. Consider using additional devices for visual disabilities, such as audible information devices or accessible pedestrian signal. Maintain pedestrian access to businesses, residences, transit stops, etc. Provide temporary nighttime lighting for pedestrian walkways throughout the TTC zone.

Where must curb ramps be provided? Generally, curb ramps are needed wherever a sidewalk or other pedestrian walkway crosses a curb. The ADA does not require installation of ramps or curb ramps in the absence of a pedestrian walkway with a prepared surface for pedestrian use. Nor are curb ramps required in the absence of a curb, elevation, or other barrier between the street and the walkway. Curb ramps must be located to ensure a person with a mobility disability can travel from a sidewalk on one side of the street, over or through any curbs or traffic islands, to the sidewalk on the other side of the street.

Pedestrian Considerations While in the Field Promote adequate pedestrian safety via physical separation from work space and vehicular traffic, overhead protection, etc. Provide adequate and safe detour(s) whenever sidewalks are closed or blocked. Clear the path of debris and other items that may obstruct pedestrians’ paths. Use signs at intersections to give advance notification of closures ahead, and inform pedestrians where to cross. Provide audible signage for pedestrians with visual disabilities. Avoid pedestrian walkway surfaces that are slippery when wet. Take into account walking speeds and the distance pedestrians travel when traversing travel lanes to determine minimum green time. Devices should be sturdy, firm to the grip, and smooth to the touch (have no rough edges). Devices should not be potential tripping hazards. Provide a continuous, detectable edging throughout the length of the facility such that pedestrians using a long cane can follow it.

Pedestrian Considerations While in the Field Consider carefully the placement of intersection crosswalks, implement additional signing/marking, add and/or relocate transit stops, and modify traffic signals (traffic signal timing, pedestrian signals, push buttons) as necessary. Use signs at intersections to give advance notification of closures ahead, and inform pedestrians where to cross. Provide audible signage for pedestrians with visual disabilities. Avoid pedestrian walkway surfaces that are slippery when wet. Take into account walking speeds and the distance pedestrians travel when traversing travel lanes to determine minimum green time. Devices should be sturdy, firm to the grip, and smooth to the touch (have no rough edges). Devices should not be potential tripping hazards. Provide a continuous, detectable edging throughout the length of the facility such that pedestrians using a long cane can follow it.

Pedestrian Considerations While in the Field Inspect pedestrian accommodations during construction to ensure that the TTC plan is followed. Ensure traffic control devices are in good and safe condition. Make pedestrian routes ADA compliant and available to pedestrians during all phases of construction. Use signs at intersections to give advance notification of closures ahead, and inform pedestrians where to cross. Provide audible signage for pedestrians with visual disabilities. Avoid pedestrian walkway surfaces that are slippery when wet. Take into account walking speeds and the distance pedestrians travel when traversing travel lanes to determine minimum green time. Devices should be sturdy, firm to the grip, and smooth to the touch (have no rough edges). Devices should not be potential tripping hazards. Provide a continuous, detectable edging throughout the length of the facility such that pedestrians using a long cane can follow it.

Construction Safety PROBLEM: Construction sites should include temporary ramps and should be blocked off with solid fencing. The thin tape in this illustration is not detectable using a long white cane. A variety of measures can be taken to reduce potential safety and access problems at or near construction sites. A continuous route for all pedestrians must be maintained at all times. It is not acceptable to simply close a sidewalk without identifying an alternate circulation route. The alternate route must enable pedestrians to bypass the construction site without retracing their steps or going significantly out of their way. Additional consideration should be given to the needs of pedestrians with disabilities since they may not have the ability to improvise (e.g., balancing along the curb or a very narrow path) or use unofficial alternatives (e.g., using an adjacent grass surface). When a temporary route is established, it must be accessible to people with disabilities. Strong consideration should be given to closing off one lane of the street to traffic if pedestrians need to be diverted off of the sidewalk at a site location. This allows the outside (curb) lane for motorists to be used as the alternate pedestrian circulation route. It is easier and quicker for vehicles to find an alternate route than pedestrians, especially those with vision, cognitive, or mobility impairments. Construction contractors should also ensure that supervisors, contractors, and workers at the site are sensitized to the potential pedestrian conflicts that may occur. In this way, they can be alert to changing hazards and conditions that might impact pedestrian safety (e.g., the delivery of a new load of materials) and provide any assistance that pedestrians may require.

Construction Safety Signs notifying pedestrians of damaged sites or construction work should be located at the corner to prevent pedestrians from reaching the problem and having to turn around. Information sources should be used to provide advance warning to pedestrians of the presence of the sidewalk construction site and to clearly mark the alternate circulation routes available. Information sources should use a variety of methods (e.g., signs, audible information, and electronic information sources) to convey this information to pedestrians. It is particularly important to ensure that all information sources are accessible to people with vision and cognitive impairments that may not be able to access signs or written information sources that have traditionally been used. To ensure the highest level of accessibility, information sources should: Conform to ADAAG for items such as finish and contrast, raised and Braille characters, character proportion and height, pictorial symbol signs (pictograms), and mounting height; Recognize that many people with cognitive impairments will be unable to read or understand written text and graphics; Utilize simple language and graphics that are easily understood; Make pedestrians aware of the sidewalk construction site location and the impact on the circulation route at each intersection or cross street location prior to the construction site, so pedestrians can alter their route before they arrive at the site; Make all pedestrians, including those with vision impairments, aware of the problem site and intended repairs as soon as identification of the problem has been recognized by the municipality before the repair or construction work begins; Discourage contractors from blocking sidewalks and parking lane to provide contractor parking; Indicate the duration of the construction work and any changes to the regular circulation route at the proposed site a reasonable amount of time before the construction takes place so that pedestrians who use the route on a regular basis have sufficient time to plan and learn alternate routes to their destination; Clearly delineate the alternate circulation route location and any instructions required for its use (e.g., altered crosswalk signal locations); When it becomes available, use technology that provides audible information to people with vision impairments at construction sites. A small broadcasting device that gives recorded instructions when activated by a motion sensor is one method of providing effective audible information to people with vision impairments; and Consider using traffic lanes to continue pedestrian access since most pedestrians will walk in the street. Jersey barriers can provide protection for pedestrians from traffic, while parking lanes can provide a temporary pathway.

Construction Safety GOOD DESIGN: Mesh fencing and temporary ramps are critical features at construction sights. Additional information can be provided via off-site information sources, including the internet or a telephone information line. However, these should be used only to supplement on-site information sources. Off-site information sources are beneficial since they allow pedestrians to obtain information in advance of their travel to or near the construction site. Advance information makes it easier for pedestrians to plan an alternate route to avoid the construction site. It is essential that ground level, solid, continuous barriers be constructed to prevent pedestrians from entering the construction site either intentionally or unintentionally. Pedestrian safety is compromised because of the obstacles and hazards that will be present if access to the construction site is permitted. The use of flagging tape, ribbon, or signs to identify a site without a solid barrier is inappropriate. Barriers should also be used for all temporary closures, such as window cleaners and painters working overhead.

Construction Safety

Construction Safety

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Traversable Surface

Clear Passage Temporary Sidewalks—The width of the temporary sidewalk and ramp should be a minimum continuous clear width of 4 feet Wider sidewalks (6 feet in effective width) should be considered where there are high pedestrian volumes and in the CBD. For temporary sidewalks with clear widths less than 5 feet, a passable area (5 feet x 5 feet) shall be provided every 200 feet, unless otherwise directed… The surface of temporary sidewalks must be firm, stable and slip resistant. Temporary facilities, including pedestrian routes around worksites, are also covered by the accessibility requirements of the Americans with Disabilities Act (ADA)

Toe boards

Ramping

Advanced Signage

Temporary Pedestrian Facilities ….should provide safe, accessible routes that replicate as nearly as practical the most desirable characteristics of the existing facility, and parallel the disrupted route whenever possible. A smooth, continuous hard surface should be provided throughout the entire length of the temporary pedestrian facility. See MUTCD 6D.01 and 6D.02

Other Accommodations Advance information placed at appropriate distances before the work zone allowing pedestrians to make timely decisions about routes through or around the work zone. See MUTCD 6F.13 Transition information allowing pedestrians to find a safe path through and around work zones, which is critical when the pathway is restricted, diverted or detoured.

Other Sources Caltrans Pedestrian Considerations for California Temporary Traffic Control Zone FHWA Practitioners guide 2012

Caltrans

Caltrans

Caltrans

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Caltrans

FHWA

Other Accommodations Exit information directing pedestrians back to the original route. See MUTCD 6F.13 Crosswalk placement at intersections may need additional signage, temporary striping, traffic signal modification, pedestrian signals with audible alarms if justified, proper push button height, and ramps. See MUTCD 6H.29, 6F.80, and 4E.06

Enforcement (Typical City Spec) 7-1.03A Maintaining Traffic: Attention is directed to Sections 7-1.04 of the Standard Specifications and to the following modifications thereof. If construction is within City owned right-of-way, provisions shall be made for the safe passage of public traffic through the work site at all times consistent with the requirements of Santa Rosa City Code Chapter 13-04.

Enforcement (Caltrans Spec) 7-1.04 PUBLIC SAFETY You are responsible to provide for public safety. Do not construct a temporary facility that interferes with the safe passage of traffic. Temporary pedestrian facilities must comply with the California MUTCD, Part 6, Chapter 6D, "Pedestrian and Worker Safety." Do not store vehicles, material, or equipment in a way that: Creates a hazard to the public Obstructs traffic control devices Do not install or place temporary facilities used to perform the work which interfere with the free and safe passage of traffic.

Enforcement (Caltrans Spec) 5-1.30 NONCOMPLIANT AND UNAUTHORIZED WORK Correct or remove and replace work that does not comply with the Contract, is unauthorized, or both. The Department does not pay for any of the following: Corrective, removal, or replacement work Unauthorized work If ordered, submit a work plan for the corrective, removal, or replacement work. The Department may reduce payment for noncompliant work left in place. If you fail to comply promptly with an order under section 5-1.30, the Department may correct, remove, or replace noncompliant or unauthorized work. The Department deducts the cost of this work.

Enforcement (Typical City Code) Santa Rosa City Code Chapter 13-04. 13-04.390 Authority of Encroachment Officer and inspectors. The Encroachment Officer and any inspectors acting on his/her behalf shall have authority to enforce any of the provisions set forth herein. In addition, for purposes of the Administrative Review of Ordinance Violations as provided in Chapter 1-30, the Encroachment Officer and any inspectors acting on his/her behalf shall be included within the definition of “Code Enforcement Officer” for purposes of issuing an administrative notice and order. (Ord. 3783 § 1, 2006)

Summary Requirements of the ADAAG and MUTCD are adhered to. Make sure accommodations are made for transit Access is maintained to the affected businesses and residences. Frequent checks of the pedestrian and bicycle accommodations are made during construction to ensure that the temporary traffic control plan Check for clear and advance signage to guide disabled users

Best Practices Design Guide http://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/sidewalk2/sidewalks210.cfm http://www.fhwa.dot.gov/indiv/docs/atssa_pedestrian_checklist.pdf http://www.dot.ca.gov/hq/construc/safety/Temporary_Pedestrian_Facilities_Handbook.pdf http://www.ada.gov/ta-pubs-pg2.htm http://www.ada.gov/regs2010/titleII_2010/title_ii_primer.html