is your sidewalk environment compliant?

According to Title II of the Americans with Disabilities Act (ADA), all public entity facilities must provide access to services, programs, or activities for individuals with disabilities. In 2002, the US Court of Appeals held that sidewalks constitute a service, program, or activity of a city, and are therefore subject to the ADA program accessibility regulations (Barden v. City of Sacramento, 292 F.3d 1073 (9th Cir. 2002)). This means that every sidewalk environment is required to meet the accessibility guidelines to avoid discrimination and liability.

to avoid discrimination and liability,

every sidewalk environment

must meet accessibility guidelines

all public entities must:

Title II of the ADA, 28 CFR Section 35.105:

  1. A public entity shall, within one year of the effective date of this part, evaluate its current services, policies, and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such services, policies, and practices is required, the public entity shall proceed to make the necessary modifications.
  2. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the self-evaluation process by submitting comments.
  3. A public entity that employs 50 or more persons shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection:
    1. A list of the interested persons consulted;
    2. A description of areas examined and any problems identified; and
    3. A description of any modifications made.

Title II of the ADA, 28 CFR Section 35.150(d)(1):

In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity that employs 50 or more persons shall develop, within six months of January 26, 1992, a transition plan setting forth the steps necessary to complete such changes. A public entity shall provide an opportunity to interested persons, including individuals with disabilities or organizations representing individuals with disabilities, to participate in the development of the transition plan by submitting comments. A copy of the transition plan shall be made available for public inspection.

Title II of the ADA, 28 CFR Section 35.150(d)(3):

The plan shall, at a minimum –

    1. Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities;
    2. Describe in detail the methods that will be used to make the facilities accessible;
    3. Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and
    4. Indicate the official responsible for implementation of the plan.

Title II of the ADA, 28 CFR Section 35.150(d)(2):

If a public entity has responsibility or authority over streets, roads, or walkways, its transition plan shall include a schedule for providing curb ramps or other sloped areas where pedestrian walks cross curbs, giving priority to walkways serving entities covered by the Act, including State and local government offices and facilities, transportation, places of public accommodation, and employers, followed by walkways serving other areas.

Title II of the ADA, 28 CFR Section 35.150(d)(3):

The plan shall, at a minimum –

    1. Identify physical obstacles in the public entity’s facilities that limit the accessibility of its programs or activities to individuals with disabilities;
    2. Describe in detail the methods that will be used to make the facilities accessible;
    3. Specify the schedule for taking the steps necessary to achieve compliance with this section and, if the time period of the transition plan is longer than one year, identify steps that will be taken during each year of the transition period; and
    4. Indicate the official responsible for implementation of the plan.

Title II of the ADA, 28 CFR Section 35.133:

    1. A public entity shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.
    2. This section does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.
    3. If the 2010 Standards reduce the technical requirements or the number of required accessible elements below the number required by the 1991 Standards, the technical requirements or the number of accessible elements in a facility subject to this part may be reduced in accordance with the requirements of the 2010 Standards.

a big step

Yikes! Complying with standards, reducing liability, and serving your community’s needs is no small task. Creating and maintaining an accessible sidewalk environment is a daunting step and requires an initial thorough assessment of your current status in order to develop a transition plan. Sadly, current manual sidewalk assessment methods are time consuming, expensive, and physically demanding.

But Beneficial Designs is changing the status quo.

meet PROWAP

Beneficial Designs has streamlined the first step towards developing a transition plan.

The Public Rights-of-Way Assessment Process (PROWAP) was designed to enable entities to adequately and thoroughly assess sidewalk environments while expediting the procedure. Smoothing out the self-evaluation process saves time, money, and energy, while providing in-depth critical sidewalk information. Tripping hazards, curb ramps, slopes, and critical features are all meticulously identified and documented, providing the comprehensive data you need at unprecedented speed.

meet PROWAP

streamlined

Beneficial Designs has streamlined the first step towards developing a transition plan.

The Public Rights-of-Way Assessment Process (PROWAP) was designed to enable entities to adequately and thoroughly assess sidewalk environments while expediting the procedure. Smoothing out the self-evaluation process saves time, money, and energy, while providing in-depth critical sidewalk information. Tripping hazards, curb ramps, slopes, and critical features are all meticulously identified and documented, providing the comprehensive data you need at unprecedented speed.

the smart choice

Typical manual sidewalk assessments are time consuming, inaccurate, expensive, and physically demanding. Manually assessing all the elements at one curb ramp requires bending or kneeling down over 22 times! Research has proven that jobs requiring stopping, squatting, or kneeling positions contribute to serious knee and back injuries and disorders.

In contrast, PROWAP provides an automated and streamlined method for sidewalk environment data collection, reducing assessment time by up to 90%. Plus, no more constant up and down movements. Our state-of-the-art tools are designed for standing operation, providing an efficient, cost-effective, and healthy solution for self-evaluation.

leap into GIS

Collected data is directly imported into a GIS database, providing a complete layer of geo-referenced data to meet management and planning needs. Data can be easily and clearly analyzed and utilized to create the final transition plan in order to meet accessibility requirements.

start the process

Beneficial Designs sidewalk assessment experts are ready to assess your sidewalk infrastructure today. Don’t waste any time.
For more information, keep reading and contact Beneficial Designs today to tell us about your sidewalk environment needs.