ada became law in 1990 - calact | home compliance- speaker chris taylor… · doj’s final rule...

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.

CHANGES TO FEDERAL ADA

CALIFORNIA TITLE 24

2010 ADAAG CHANGES!

2010 CBC TITLE 24 CHANGES!

What Do These Changes Mean To Me?

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

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


either 1991 or 2010 if trigger event is on or after Sept.

15, 2010 but before March 15, 2012


2010 standards if trigger event is on or after March

15, 2012

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.

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

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.



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

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.

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.



Provide wheelchair area next to bench Provide proper signage for disabled



Provide clear space around poles or

trees

Provide compliant connection to path of

travel



Provide level landing, space for wheelchair and companion seating under shelter



Lacks level pad, connection to accessible route and proper seating

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.

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

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.

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.

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.

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

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

ada became law in 1990 - calact | home compliance- speaker chris taylor… · doj’s final rule...

Documents