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CHAPTER R1: APPLICATION AND ADMINISTRATION <br />R101 Purpose <br />R101.1 General. This document contains scoping and technical requirements for <br />accessibility to facilities for pedestrian circulation and use located in the public right-of- <br />way. Advisory notes are for informational purposes only. These requirements are to be <br />applied during the design, construction, additions to, and alterations of facilities in the <br />public right-of-way to the extent required by regulations issued by Federal agencies. <br />Advisory R101.1 General. Access requirements are also addressed in the Manual on <br />Uniform Traffic Control Devices (MUTCD), FHWA/US DOT, 2003 <br />(http://mutcd.fhwa.dot.gov). MUTCD is a reference standard in this guideline. <br />Key transportation industry guidance documents also address accessibility in the public <br />right-of-way and can provide useful information on design and construction. They <br />include `Guide for the Planning, Design, and Operation of Pedestrian Facilities', <br />American Association of State Highway and Transportation Officials, July 2004 <br />(www.aashto.org) and `Designing Sidewalks and Trails for Access', FHWA/US DOT <br />September 2001 (http://www.fhwa.dot.gov/environment/sidewalk2/index.htm). <br />R101.2 Effect on Existing Facilities. This document does not address existing facilities <br />unless they are included in the scope of an alteration undertaken at the discretion of a <br />covered entity. The U.S. Department of Justice and U.S. Depaitinent of Transportation <br />have issued and enforce separate regulations for existing facilities subject to their <br />requirements for program accessibility under the Americans with Disabilities Act. <br />Advisory R101.2 Effect on Existing Facilities. The U.S. Department of Justice ADA <br />regulations require that the usability of accessible features be maintained (28 CFR <br />§35.133 and §36.211). <br />Federal agencies and entities receiving federal funds may also have an obligation for <br />program accessibility under section 504 of the Rehabilitation Act of 1973 as amended. <br />For example, state departments of transportation that receive Federal -aid Highway funds <br />must comply with program accessibility requirements issued by the U.S. Department of <br />Transportation at 49 CFR part 27. <br />R102 Equivalent Facilitation <br />Nothing in these requirements prevents the use of designs, products, or technologies as <br />alternatives to those prescribed, provided they result in substantially equivalent or greater <br />accessibility and usability. <br />16 <br />