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NOTICE
Portions of this chapter may not fully reflect the current ADA regulations. The regulation implementing title II of the ADA was revised as recently as 2016. Revised ADA Standards for Accessible Design (2010 Standards) were issued on September 15, 2010 and went into effect on March 15, 2012.
Additional related information can be found in the Department of Justice/Department of Transportation joint 2013 publication and 2015 publication.
ADA Best Practices Tool Kit for State and Local Governments
Chapter 6 Addendum:
Title II Checklist
(Curb Ramps and Pedestrian Crossings)
PURPOSE OF THIS CHECKLIST: This checklist is designed to help you
conduct a preliminary assessment to determine if your entity is in
compliance with the requirements for curb ramps at pedestrian crossings
under Title II of the ADA. By using the checklist, you can determine if there are
any red flags indicating that your entity may not be in compliance with Title II
requirements. It also outlines steps you can take to come into compliance with
Title II requirements for providing curb ramps at pedestrian crossings if you
identify compliance problems.
MATERIALS AND INFORMATION NEEDED: To determine if your entity is in
compliance with the ADA requirements for curb ramps at pedestrian crossings,
you will need:
- The written policies and procedures and the contracts and specifications
that your government entity has used since January 26, 1992, relating to
the construction, alteration, and repair of highways, streets, roads,
sidewalks, pedestrian crossings, and curb ramps.
- Your entity’s long-range plan for the construction, alteration, and/or repair
of highways, roads, streets, sidewalks, pedestrian crossings, and curb
ramps.
- The written procedures your entity uses to evaluate requests for
installation of, or modifications to, curb ramps.
- Any standard curb ramp designs and specifications that your entity, or
contractors working for your entity, have used since January 26, 1992.
- Written policies and procedures your entity uses to ensure that the
accessibility of curb ramps at pedestrian crossings is maintained.
- A list of the pedestrian crossings constructed by or on behalf of your entity
since January 26, 1992. To assist you in identifying systemic problems, it
would be helpful for you to know, for each of these pedestrian crossings,
the date when construction commenced, the name of the firm or individual that designed the pedestrian crossing, and the name of the contractor who
did the construction.
- A list of the pedestrian crossings altered by or on behalf of your entity
since January 26, 1992. Pedestrian walkways and roadways should
generally be considered altered if they have been resurfaced since
January 26, 1992. Curb ramps adjacent to those pedestrian walkways
and roadways should also be considered altered. Filling a pothole should
not be considered an alteration. For each of the pedestrian crossings that
were altered, to assist you in identifying systemic problems, it would be
helpful for you to know the date when the alteration occurred, the name of
the firm or individual that performed design work, if any, for the alteration
and the name of the contractor who performed the alterations.
- Copies of the Curb Ramps survey instructions and form that will be
released in the next installment of this Tool Kit for yourself and everyone
who will assist you in surveying your entity’s curb ramps. You will also
need survey tools for each survey team, including a metal measuring tape,
a level, and a camera. A clipboard to hold survey forms can also be
helpful.
- Copies of any feedback received from people with disabilities about the
accessibility of your pedestrian crossings.
You may need the assistance of personnel responsible for overseeing highway,
street, road, and sidewalk maintenance to assist you in completing the checklist.
Evaluating Compliance with the Requirements for Curbs at Pedestrian
Crossings
Review the policies, procedures, and contracts your entity has used relating to
the construction, alteration, and repair of curb ramps. If your entity does not
have written policies and procedures, you will need to interview the appropriate
employees to find out what policies and procedures your entity has followed.
1. Since January 26, 1992, has your entity implemented policies and
procedures to ensure that curb ramps or other sloped surfaces were
provided wherever walkways intersected curbs whenever your entity
constructed or altered highways, streets, roads, pedestrian crossings
(including traffic islands), and sidewalks? (For purposes of answering this
checklist, alteration generally includes paving, repaving, and resurfacing
but does not include normal maintenance, such as filling potholes.)
Yes
No
2. Since January 26, 1992, has your entity implemented policies and
procedures to ensure that curb ramps at pedestrian crossings were
constructed and altered in compliance with either the ADA Standards for
Accessible Design or the Uniform Federal Accessibility Standards?
Yes
No
3. Review any standardized curb ramp designs and specifications that your
entity has used since January 26, 1992. To determine compliance, use
the requirements outlined in Chapter 6 of this Tool Kit. Are the designs
ADA-compliant? (If you do not have experience reviewing design and
specification documents, you may find it helpful to obtain assistance from
personnel who work in your highway or public works department.)
Yes
No
4. Survey a sample of the pedestrian crossings on portions of highways,
streets, and roads that were constructed by or on behalf of your entity
after January 26, 1992, and a sample of the curb ramps at pedestrian
crossings on portions of highways, streets, and roads that were altered
after January 26, 1992. In selecting your samples, make sure that you
have a representative selection of pedestrian crossings constructed and
altered at different time periods between January 26, 1992, and the
present as well as curb ramps constructed and altered by a variety of
different contractors and located in different areas of your community. To
conduct the surveys, use the Curb Ramps survey instructions and Curb
Ramps survey form that will be released in the next installment of this Tool
Kit.
a. Do all curbs where sidewalks and walkways intersect with roads,
streets, or highways have curb ramps that allow people with
disabilities to go from the sidewalk on one side of the vehicular way
across any traffic islands with curbs to the sidewalk on the opposite
side?
Yes
No
b. Are all of these curb ramps free of accessibility problems (which
would only be the case if you answer “Y” or “n/a” to all the
questions on the Curb Ramps survey form when you conduct your
survey)?
Yes
No
5. Has your entity performed an evaluation of its pre-ADA pedestrian
crossings to identify the locations where curb ramps need to be
constructed to provide program access for people with disabilities? (This
survey may have occurred when your entity performed a self-evaluation
and developed a transition plan.)
Yes
No
6. If the answer to Question #5 is “Yes,” has your entity been implementing
those curb ramp installations as it implements its long-range plan for
streets and sidewalks?
Yes
No
N/A
7. Does your entity seek input from people with disabilities with respect to its
plans for the construction and alteration of highways, streets, roads,
sidewalks, and pedestrian crossings?
Yes
No
N/A
8. Does your entity have a mechanism that people with disabilities can use to
request the installation or repair of a curb ramp?
Yes
No
9. If your answer to Question #8 is “Yes,” does your entity also have
procedures to ensure that such requests are given priority when your
entity plans and implements the construction and alteration of streets,
roads, highways, sidewalks, and pedestrian crossings?
Yes
No
N/A
ACTIONS:
If you answered “No” to any of these questions, it is likely that your entity
needs to take some steps to comply with the ADA requirements for curb ramps
at pedestrian crossings. The steps needed will depend on whether the
problems identified relate to new construction, alterations, the accessibility of
pre-ADA pedestrian crossings, or the maintenance of accessibility.
- Identify the newly constructed and altered pedestrian crossings that are
inaccessible and incorporate them into your entity’s long-range plan for
streets and sidewalks.
- Implement written policies and procedures to ensure that newly
constructed and altered pedestrian crossings are accessible from this
point forward.
- Implement written policies and procedures to ensure that, whenever
streets, roads, and highways are altered or resurfaced, curb ramps are
installed at pedestrian crossings.
- Review any standardized designs your entity uses for the construction
of curb ramps and change them, if necessary, to comply with ADA
requirements.
- Assess the extent to which your entity has compiled with ADA
requirements for providing curb ramps at pedestrian crossings and
transportation stops. To survey curb ramps in your community, use the
Curb Ramps survey form and instructions that will be released in the
next installment of this Tool Kit.
- Evaluate the accessibility of your pre-ADA pedestrian crossings and,
using the results of that evaluation, develop a long-range plan to
improve their accessibility. In formulating your long-range plan, give
priority to accessibility modifications in the following order: those
serving or in close proximity to local government facilities, bus stops and
other transportation services, public accommodations, business
districts, and residential areas where requests for curb ramps or other
accessibility modifications have been made.
- Get input from people with disabilities on your long-range plan for
improving the accessibility of pedestrian crossings.
- Make sure that requests by people with disabilities for the installation
and repair of curb ramps are incorporated into your long-range action
plan for improving the accessibility of pedestrian crossings. Such
requests can help you identify locations that pose access problems for
people with disabilities.
- Finally, as part of your review of your state or local government’s buildings and programs, don’t forget to look at the pedestrian routes
from accessible parking spaces and transportation stops to the
accessible entrances to your facilities. Determine where curb ramps
need to be installed. Include these curb ramps as a top priority in your
long-range action plan to improve the accessibility of pedestrian
crossings.
ADA Tool Kit for State and Local Governments
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