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Home / Programs / Civil Rights / Programs / ADA/Section 504 / ADA Resurfacing Webinar Chat Transcript, March 1, 2016


ADA Resurfacing Webinar

ADA Requirements When Roads Are Resurfaced: Questions and Answers
March 1, 2016
Chat Transcript

Elizabeth Hilton, FHWA Infrastructure: The resurfacing technical assistance document, glossary and Questions/Answers are online at https://www.fhwa.dot.gov/civilrights/programs/ada.cfm

llaw: will the closed captioned transacript be available to attendees?

Mark Palmer: Not familar with term "Cape Seal", could you define?

Kansas Department of Transportation: Speaker is breaking up...

Tennessee Division: you are breaking up

FHWA Washington Division: Patrick - you're voice is cutting out.

Tennessee Division: can't hear you

Naomi Tillett: sounds is breaking up

WSDOT HQ Olympia, WA: audio issues here

Corina Herrera: audio is not clear

Juliet: reception is bad

Montana: cape seal is a chip seal followed by a slurry seal


Camille Gordon-Taylor: audio is not clear anymore

INDOT - Fort Wayne District: audio is garbled

City of Ellensburg: Can't hear you

Chad: same issue here

Mary Ridgeway-FHWA DE: We probably need ot call in on the phones or is it garbled on the phone lines too?

evahuntsinger: You are BREAKING UP! !!!!

Kansas Department of Transportation: yes

Khai Le: yes !

Chad: yes

evahuntsinger: much better....: )

GUEST 8: Thank you!

Belqis Majboor: What if we have no r/w to meet standards, but can partially meet?

Alex Georgevitch: so if we have a curb ramp built prior to 1991 is there a safe harbor for those ramps?

Millie Ayers: Breaking up really bad -

Ron Effland, MoDOT: Is there an example of 91 Standard item that has changed under PROWAG?

Arlington, WA: Why is chip seal mainteance and cape seal alteration? Seem very similar.

Bellingham WA: Does "Safe Harbor" apply to ramps constructed prior to 1991?

Elizabeth Hilton, FHWA Infrastructure: Sound is good on the phone, so if it's breaking up now you might try using the phone line instead of computer speakers.

TLC: What extent of alteration work through a crosswalk triggers installation/upgrades of ramps? ie - work on a lane, work on ruts in a lane, or utility work through crosswalk

Tennessee Division: In regards to the 1991 Standard- this is in regards to the physical geometrics of the ramp- so are truncated treated the same in regards to applicability of installing at the time of alteration vs. maintenance?

Tennessee Division: truncated domes?

GUEST 2: If a city has an agreement w/ DOJ that says they don't have to do "truncated domes" do they have to installl domes when resurfacing?

Ed Johnson: When you say Crosswalk, do you mean marked and un-marked?

Lee: When you say a project impacts the "accessibility" of a crosswalk, what is meant by "accessibility?

TLC: Per Q#4, if condemning property would be required to obtain necessary right-of-way to provide or upgrade curb ramps, is that required - or would that be an undue burden on the property owner that would justify omitting curb ramps?

Tennessee Division: Define "reasonable accomodation"- is it only when someone requests it?

evahuntsinger: If an existing crosswalk is to be striped, must the agency install a new curb ramp?

Roger Cox Hillsborough COuty: That is a Chip Seal overlayed by Mirco Surface

Los Alamos County: Will the presentation be available for download?

WSDOT HQ Olympia, WA: Regarding question 13, what if the funding recipient receives other types of federal non- USDOT funds?

ODOT R1: 4 way intersection with ramp at each one, local agency wants to replace one ramp and other 3 do not meet crrent or 1991 regs, are they required to replace all 3?

evahuntsinger: In locations where new beacons or signal systems are placed, must new curb ramps be installed?

GUEST 9: Is the webinar available for download?

Alex Georgevitch: What is the status of PROWAG?

Los Alamos County: Are driveways required meet the current ADA standards with a street alteration?

ODOT R1: what about projects that are not resurfacing projects but sidewalks only? do the rles change?

City of Mesa: Would a utility pothole exploration in a ramp trigger a ramp replacement?

Doug McCormick: Are APS required at signalized intersections in an alteration project?

slukasz: If a signal upgrade does not affect pavement but affects push button locations, are ADA updarges necessary?

Taylor Laurent: can you elaborate more on the safe-harbour? Wouldn't every resurfacing project impact a crosswalk, which would require curb ramps at current standards all intersections?

Julie Masterpool: Slurry seals and microsurfacing are essentially the same except for the addotive in the binder-doesthe alteration treatment "microsurfacin/thin overlay" mean something differentfor microsurfacing?

City of Mesa: If the alteration project is done via JOC and the concrete and asphalt work is divided, does the concrete work need to go first? or just need to follow closely one or the other first?

John Manix: Under safe harbor - What do advise agencies to deterimine under what standard ramps were built? Go over the details presented material again

slukasz: 1991 Standards lesser opening and lesser detectable warning fields

evahuntsinger: Yes....The new standards require a 4 x 4 landing at the bottom of diags and truncated domes...

PENNDOT 2-0: if you are altering a signalized intersection that has full height curb, no existing sidewalks - do you have to introduce new curb ramps?

Juliet: When will PROWAG be final rule?

Casey: On an altered street; how far, beyond the street, do we need to go for improvements to the accessible route?

Erica Rinella: Can you please comment on whether one or two ramps are required at T-intersections to provide ADA compliancy?

Michael Shaw: Is there a process required for determining the exact date of curb ramp installation? Do we need verifications from contractor or otherwise specifyiing the exact construction date?

Guest 5: The one reference that FHWA can provide that would be more valuable than any set of technical guidance or Q&A is a matrix that lists the standards that were **OFFICIALLY** in place and when they were enacted. Consultants and public agencies receive a lot of conflicting information about this. "Standards" come from multiple sources: DOJ, DOT, PROWAG, ADAG, etc. Additionally, some of the publications were never actually approved, only proposed. What gives?

Alex Georgevitch: Our state standards show a gutter in front of a ramp to be 5% but the street has a much greater cross slope. How should we deal with this issue when we are not doing a reconstruction, just an overlay?

Walker Owen: does roadway resurfacing obligate cross walk and curb ramp improvements to parallel sidewalks if the cross walk surface is not resurfaced?

TLC: the utility work answer conflicts with the single lane paving answer

FHWA Washington Division: How does standing water (drainage issues) in the pedestrian path affect a curb ramp's compliance with ADA requirements and what options are allowed to correct such problems (considering the significant safety issues during sub-freezing winter weather)?

Randy Wesselman: Are double chip seals considered an alteration?

Suzanne Keller: Since PROWAG standards is different than 2010 DOJ, would curb ramps constructed in compliance with PROWAG provide safe harbor until such date PROWAG is adopted as a rule?

Randall Stark 2: Can you please repeat the name of the pre-1991 standard?

John Manix: If you alter a ramp, with for example a pedestrian push button, does safe harbor apply?

slukasz: If you are adding a right turn lane in one quadrant of an intersection that has curb ramps, do all quadrants have to be improved if not touching them?

Alex Georgevitch: Another common question we get, how do we deal with a street that is steep (say 10%) and we have a requriement to install a ramp. There will be no way to get a 2% landing without exacerbating the grades to "catch up" to the slope of the street. Where should we find compromise?

eric 2: clarification. If we are resurfacing intersections through crosswalks. If our curb ramps meet 1991 standard do we have to update our ramps to current standards?

Natrevia Gradney-Mitchell: If determining the applicable standard is an impossible task considering time, resources, and turnover. How should an entity deal with this?

Kevin Horst: If there is existing sidewalk in only ONE quadrant of an intersection, is construction of a curb ramp required?

FHWA - Oklahoma: "sidewalk" was used during the presentation. What is the case for an unimproved pedestrian pathway - for example a dirt path along side a curb

Arlington, WA: Is a double chip seal maintenance or alteration?

Michael Shaw: Istaddition of a protected bike lane considered an alteration?

Julie Masterpool: The treatments are unclear on tthe term of art for slurry seal and microsurfacing

Jeff McConnell: The DOJ (28 CFR 35.151 (b)(4)(iii) deems additional cost of alterations to provide an accessible path of travel to the alterd area disproportionate when it exceeds 20% of the cost of the alterations. Is that 20% of the total project cost including design and admin or is that 20% of the construction costs only?

City of Sammamish: If we replace a damaged ped pole, are the ramps need to be upgraded? What about changing ped signal timing?

Guest 7: Can we discuss construction tolerances? .0%, .5%, 1.0%, 1.5% etc. Access Board says there may be construction tolerances, but not what a limit wil be. Is 2% really 2% or is 3% ok?

Guest 7: Dealing with alterations during paving is not the same as new construction

Indiana Division: you can use a temporary easement for a permanent feature?

slukasz: A temporary easement is not advisable. Any future owner can LEGALLY remove what is built on their private property!

ODOT R1: (Multnomah County) Q: Can you please elaborate on ADA inventory requirements for projects receiving Federal-aid?

Guest 5: Your example of acquiring a temporary easement is not applicable in the real world. Temporary construction easements do not allow for the construction of permanent facilities like curb ramps..

Tim S.: Is the cross-slope of crosswalks required to be reconstructed so that it is at or below 2%?

Guest 7: How far would you have to chase a sidewalk back to make it complaint?

Chad: Is the term "technically infeasable" a term associated wtih ADA?

Jeff McConnell: Will answers to all of these questions be made available?

Casey: Correction; striping a new crosswalk, or accessible route will trigger "alteration"..

D: Do private driveway accesses need to be upgraded to ADA standards within an alteration area?

evahuntsinger: We would be very interested in creating "industry standard" forms and reporting documentation. Not only would this help our designers and inspectors, but also the construction community in that everyone would be using the same compliance standards and reviews could be more easily accomplished. We would be happy to help with this.

TLC: Where the highway is routed over city streets and we do not have jurisdiction of the sidewalk, and sidewalk is constructed by others - does the ADA require 'them' to construct curb ramps or does their work obligate us to address curb ramps?

TLC: Do we have to address traffic signal pushbutton locations where we are upgrading curb ramps, not including signal work?

TLC: (pushbutton height, reach)

Naomi Tillett: Is there a timeframe to ensure all curb ramps are upgraded. Understanding ramps are reconstructed as projects take place., therefore leading to establish a curb ramp upgrade project on it's own.

Kansas Department of Transportation: Where it's required to relocate a push button due to curb ramp placement; would upgrading the signal be required?

Elizabeth Hilton, FHWA Infrastructure: Contact info: Candace.Groudine@dot.gov, James.Esselman@dot.gov, Patrick.Gomez@dot.gov, Elizabeth.Hilton@dot.gov

Rob Phelan-Lee Cnty DOT: With regards to resurfacing projects that involve pedestrian facilities with flush sidewalks, ie. do not have "curbs". Is the installation of detectable warning surfaces are requirement under the DOJ/DOT joint technical agreement.

ODOT R1: what is FHWA requireent on a newly constructed ADA ramps that does not meet the standard after construction

David Lee: New standards that keep making these ramps flatterr and flatter make it difficult to design crbs tio actually move the water out of the way.

FHWA Washington Division: Candace missed a few questions. Someone asked a question about whether a double chip seal constitutes an alteration?

WSDOT HQ Olympia, WA: This is a followup regarding question. My question refered to non-USDOT funds. Excamples could be federal Homeland Security, housing, disease control funding, etc. Thank you!

Elizabeth Hilton, FHWA Infrastructure: A double chip seal is an alteration.

Taylor Laurent: If it is determined during the resurfacing project that the ramps that are present were completed in compliance with the standards in effect when they were installed, for the purposes of an ADA Transition Plan are these ramps compliant? Or does the plan need to consider reconstructing these ramps at some point in order to bring it into current compliance?

Elizabeth Hilton, FHWA Infrastructure: Regarding the questions about temporary easements: Yes, you would want a permanent easement or some other tool that gives the road owner control of the property to maintain the facility in the future.

Timothy Miller: Will the transcripts of the Q&A be available online after the webinar?

Scott Michael: When resurfacing an intersection where one side of the roadway is a retaining wall to a canal and the sidewalk doesnt meet the ADA size requirements, is there an exception to the rule that would allow for the smaller sidewalk, or do you need to reconstruct the retaining wall to meet the ADA requirements.

Michael Shaw: At what slope is a curb ramp built to the maximum extent feasible considered a barrier?

Indiana Division: When questions arise on federal aid projects, a good starting place is your state DOT or local FHWA Division office

Elizabeth Hilton, FHWA Infrastructure: Scott - in case we don't get to it, your question is very site specific. You may be able to make a 'maximum extent feasible' argument, but a narrow sidewalk will be unusable by many with mobility disabilities. In some cases, you may be able to pick up a few feet from the roadway if you have wide lanes, by moving the curb (and possibly drainage).

Kevin Resler: Yes, we can do tha.

Kevin Resler: t

Warren White: Please provide a bit of guidance for requirement of ramps to be aligned with oposing ramp

slukasz: If the midblock sidewalk is not ADA complinat (3% corss slope or more) and the obligation is to update ramps ONLY, will FHWA pay for "transition" stones to match 2% walk to 4% walk?

Doug McCormick: Should we warp ramps to make landings fully compliant when we have an MEF condition or should we not warp the ramp and have the ramp and landing cross slope match the gutter flow line slope?

FHWA Washington Division: Thank you. Good discussion!

Khai Le: Thanks for your time !

David Lee: Thanks for the info.

evahuntsinger: Thank you from Portland Oregon!

Josh Killian: Thank you!

Kansas Department of Transportation: Thank you!

Osceola County R & B: thanks

shanghong: Thanks you

John Manix: Excellant webinar. Thanks you

Constancia A Hodge: Thank you


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