Agenda - Council - 08/28/2018 - Laserfiche WebLink

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Elements are often placed on a sidewalk without coordination by different agencies or entities. The U.S. Department of Justice ADA regulations require that the usability of accessible features be maintained (28 CFR §35.133 and §36.211). R201.3 Requirements for Buildings and Structures. Buildings, structures, and similar facilities constructed in the public right-of-way but not specified in this document shall comply with the applicable requirements in 36 CFR part 1191 (the ADA and ABA Accessibility Guidelines). R201.3.1 Buildings and Structures Covered by the Americans with Disabilities Act. Buildings, structures, and similar facilities covered by the Americans with Disabilities Act (ADA) shall comply with Appendices B and D to 36 CFR part 1191 (the ADA and ABA Accessibility Guidelines). R201.3.2 Buildings and Structures Covered by the Architectural Barriers Act. Buildings, structures, and similar facilities covered by the Architectural Barriers Act (ABA) shall comply with Appendices C and D to 36 CFR part 1191. R202 Alterations and Additions to Existing Facilities R202.1 General. Additions and alterations to existing facilities shall comply with R202. dvisory R202.1 General. Alterations include, but are not limited to, renovation, rehabilitation, reconstruction, historic restoration, resurfacing of circulation paths or vehicular ways, or changes or rearrangement of structural parts or elements of a. facility. The U.S. Department of Justice Title II regulation at 28 CFR 35.151(e) requires that curb ramps be installed whenever pedestrian walkways on sidewalks and across streets are newly constructed or altered. A 1993 case, Kinney v. Yerusalim, 9 F.3d 1067 (3d Cir. 1993), cert. denied, 511 U.S. 1033 (1994), held that resurfacing of a street constitutes an alteration that requires the installation of curb ramps (for text see http://www.ada.zov/deldot.htm). Pavement patching and liquid -applied sealing, lane restriping, and short-term maintenance activities are not alterations. R202.1.1 Transitional Segments. Transitional segments connecting to existing unaltered segments shall comply with R301 to the maximum extent feasible. Advisory R202.1.1 Transitional Segments. It is often possible to construct transitional segments that blend between existing undisturbed facilities and newly -altered elements. This may permit the work of the alteration to more nearly meet the new construction standards. At a later time, when other walkway segments are altered, the non -complying transitional segments can be removed and replaced with complying work. 22