ADA Compliance

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ADA COMPLIANCE

Has your community completed an ADA self-evaluation and Inventory of your sidewalks, crosswalks, and curb ramps? Have you completed a Transition Plan to remove any access barriers identified in your self-evaluation and Inventory? Did you develop a probable cost and schedule for these improvements?

The Americans with Disabilities Act of 1990 (ADA) gives civil rights protections to individuals with disabilities that are like those provided to individuals on the basis of race, sex, national origin, and religion. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications.

Recently, the Indiana Department of Transportation, INDOT, finalized Indiana’s standard crosswalk ramps to meet ADA requirements, and construction on these upgrade ramps is occurring across the state. INDOT and FHWA Indiana Division are directing all Local Public Agencies (LPA’s) who do not currently have an ADA Inventory, and for those who have not updated their Inventories or Transitions Plans, to complete their Inventories and Transition Plans.

INDOT will cover all crosswalks and curb ramps on all corners directly adjacent to any state road, including those curb ramps and crosswalks running parallel to the state road, for the purposes of this Inventory.

A Transition Plan provides for the removal of access barriers identified in an LPA’s self-evaluation and Inventory that includes a probable cost estimate and schedule for improvements. These self-evaluations and Transition Plans have been required of Federal-aid recipients since 1973 under the American with Disabilities Act (ADA) and Section 504 of the Vocational Rehabilitation Act of 1973. Under the ADA/Section 504, all governments with 50 or more employees should have completed a Transition Plan by 1992. If your Community receives federal funds, you are required to complete a self-evaluation for your public facilities and right-of-way elements, in addition to a Transition Plan if have 50 or more employees.

In order to meet ADA/Section 504 with regard to the accessibility of facilities in the public right-of-way, LPA’s will need to do the following as a minimum:

  1. Designate an ADA Coordinator to represent the LPA
  2. Provide notice to the public about the LPA adopting ADA standards and requirements
  3. Establish a Grievance Procedure
  4. Develop internal design standards, specifications and details (this might also refer to existing standards or including those provided by INDOT)
  5. Complete a self-evaluation all Level I Building including all LPA public accessible facilities
  6. Perform an and Inventory of all sidewalk, crosswalks and curb ramps
  7. Assign personnel for the development of a Transition Plan and completing it
  8. Approve a schedule and budget for the Transition Plan
  9. Monitor the progress on the implementation of the Transition Plan

Once a self-evaluation and Inventory is made to determine where physical barriers may exist, a Transition Plan should be prepared and include the following:

  1. Identification and location of all physical barriers (i.e. no detectable warning at 4th and Main)
  2. What method used to make the facility accessible and compliant (i.e. install detectable warning)
  3. Schedule for making modifications and removing barriers (i.e. June 4, 2014)
  4. Name of the LPA official responsible for making the improvements or modifications (i.e. Street Superintendent)
  5. A probable cost estimate for making the improvement or modifications

RMA has developed an ADA Transition Plan template that can assist your Community in developing your Self-Evaluation, Inventory, Transition Plan. For more information, please contact our Marion office.