Recent ADA outcomes What you need to know ODOT ADA Program Lisa Strader, ODOT ADA Program Manager Settlement Agreement approved Updated Transition Plan What does it mean? Public Transportation Advisory Conference Oct. 3, 2017 2
ADA Lawsuit and Settlement issues and changes The ODOT ADA Lawsuit alleged that ODOT: Did not address curb ramps when we did resurfacing projects Did not construct compliant curb ramps Had inaccessible pedestrian signal push buttons 3 4
Technical assistance issued from USDOT & USDOT July 2013 Curb ramps must be provided when any street, road or highway is altered through resurfacing Americans with Disabilities Act, Title II USDOJ/USDOT Memo clarified What work is an alteration and what work is just maintenance? Alterations trigger addressing curb ramps, maintenance does not Maintenance activities: (Don t trigger curb ramps) Chip seals Fog seals Crack filling Pavement patching Alteration activities: (Do trigger curb ramps) Adding new asphalt Thin-lift overlay Mill and overlay New construction 6
What are the specifics in this settlement? The Challenge Applies only to or along State Highway System Inventory all curb ramps & pedestrian signals by Dec. 2017 $5 million quick-start money Locations identified by plaintiffs ODOT to remediate all noncompliant curb ramps ODOT to remediate all noncompliant pedestrian signals 8
Specifics in settlement continued Provide audible pedestrian signals Retain Accessibility Consultant Provide accessible routes through all work zones Improve ADA request/complaint process Provide annual reports to plaintiff Continue outreach to people with disabilities Transportation remediation Dispute resolution process 9 10
Paving project the obligation generated by the paving project is for crossings that intersect the paving project. Programmatic obligation is that eventually all crossings are updated to be compliant. (Transition Plan) 11 12
A person in a wheelchair can t get to pedestrian push buttons 14
Accessible pedestrian signal: Height, reach, landing Work zones Temporary Pedestrian Accessible Route Plans (TPARP) Height: From landing to button 15 to 48 Every work zone must have Traffic Control Plan Reach: Existing buttons = 24 or less New installations = 10 or less Every Traffic Control Plan must have Pedestrian and ADA Access Plan Must be equal to or better than before Level landing: Surface that is 48 x 30 minimum that is 2% or less in one direction Situational differences: Urban vs. rural Long term vs. short term 15 16
Accessible pedestrian routes through or around work zones ADA Transition Plan Program info, responsible staff & other contacts Legal requirements Policies, priorities, funding Identification & inventory barriers Methods to remove barriers Schedule to implement Funding needs All public agencies with 50+ people are required to have a Transition Plan Settlement Agreement elements are also Transition Plan elements 17 18
ADA is changing how ODOT does: Planning Working with Local Agencies Project selection Design Design Specifications have been updated: Flatten the design slopes Cross slope 1.5% max (Max 2.0% finish slope) Running slope 7.5% max (Max 8.3% finish slope) Maintenance & Operations Construction 19 20
21 22 10/31/2017
Required new detail with very specific info Tools in place to date 23 24
What are we working on now? Tools specific to Local Agencies? Work is on or along State Highway System ODOT s name on contract State or federal funding included Required use of ODOT s: Standard drawings, construction specs Design every curb ramp, put detail in plans Curb ramp design checklist, CR design exception process Curb Ramp Inspection Form (Inspector pay note inventory) New direction on pedestrian signal push button location placement Temporary Pedestrian Accessible Route Plan requirements 25 26
Challenges Who s jurisdiction is it? Living up to our obligations versus public perception On or along the State Highway System Jurisdictional interpretations of PROWAG requirements Development of Review Guidelines Documenting decisions Questions? Language in IGA 27