building code + ADA and the public right of way

[BayPointArchitect]

Given:

A mix of ramps, vertical transitions, sidewalks, and parking spaces. All of which are located in the public right of way.
Governing codes:
2010 ADA
2012 IBC
2012 NFPA 101

The attached images do not relate to my specific condition. I am reluctant to post pictures of the area of interest because of pending litigation.

An experienced inspector for public works department explains that a ramp located within the public right of way is not required to have hand rails on both sides.
And there are a few other code-related discrepancies that do not relate to an accident-injury. Generally speaking, this downtown area is more than 100 years old. So there are plenty of (historic) things to pick at.

Question:
Do these codes only apply to building and structures located within the boundaries of a single property?
Or do these regulations also apply to all areas that are contiguous with public streets and public property?
In other words, how are these guidelines enforced within the public right of way?

Thank you

ICC Certified Plan Reviewer
NFPA Certified Fire Plan Examiner

 

[Mr. Inspector]

In the IBC accessible egress only ends at the public way. Nothing else.

 

[mark handler]

2010 ADA Standards for Accessible Design

Section 405.8 Handrails. Ramp runs with a rise greater than 6 inches (150 mm) shall have handrails complying with 505.

Advisory 505.1
Handrails are not required on walking surfaces with running slopes less than 1:20.

Section 505.2 Where Required. Handrails shall be provided on both sides of stairs and ramps.

Curb Ramps are under section 406. Curb Ramps are not required to have Handrails

 

[BayPointArchitect]

I think Rick is saying that the IBC regulations end at the point where the property line divides the individual parcel from the public right of way.
I think Mark is saying that a ramp requires handrails regardless of where the ramp is located (private property versus public right of way).

Again here is my question about scope and applicability again:

Do these codes only apply to building and structures located within the boundaries of a single property?
Or do these regulations also apply to all areas that are contiguous with public streets and public property?
In other words, how are these guidelines enforced within the public right of way?

 

[ADAguy]

Title II agencies are responsible for POT's serving city services, sidewalks interconnect most services, see City of LA or Barden case findings and settlements with DOJ.

 

[Paul Sweet]

In most cases the locality is responsible for accessibility in the public right-of-way, so the building code and ADASAD would only apply to ramps & stairs which the locality granted an easement to construct in the ROW.

The Access Board is developing the Proposed Public Rights-of-Way Accessibility Guidelines (PROWAG).

U.S. Access Board - About

The U.S. Access Board is a federal agency that promotes equality for people with disabilities through leadership in accessible design and the development of accessibility guidelines and standards for the built environment, transportation, communication, medical diagnostic equipment, and...

www.access-board.gov

Like ADASAD it is taking forever, so they haven't been issued as a final standard yet. Virginia has adopted them for state properties. Some other states and localities might have also adopted them.

 

[ADAguy]

DOJ will and does still sue cities for failure to provide curb ramps at intersections.

 

[BayPointArchitect]

The fact that the Access Board is trying to fill a void with the Proposed Public Rights-of-Way Accessibility Guidelines (PROWAG), does confirm my thinking that the current accessibility standards are ambiguous while talking about everything located in the public right-of-way.

The only explicit requirements are related to curb cuts and detectable warnings located between pedestrian pathways and traffic aisles.

 

[Jean Tessmer-HI]

Given:

A mix of ramps, vertical transitions, sidewalks, and parking spaces. All of which are located in the public right of way.
Governing codes:
2010 ADA
2012 IBC
2012 NFPA 101

The attached images do not relate to my specific condition. I am reluctant to post pictures of the area of interest because of pending litigation.

An experienced inspector for public works department explains that a ramp located within the public right of way is not required to have hand rails on both sides.
And there are a few other code-related discrepancies that do not relate to an accident-injury. Generally speaking, this downtown area is more than 100 years old. So there are plenty of (historic) things to pick at.

Question:
Do these codes only apply to building and structures located within the boundaries of a single property?
Or do these regulations also apply to all areas that are contiguous with public streets and public property?
In other words, how are these guidelines enforced within the public right of way?

Thank you

ICC Certified Plan Reviewer
NFPA Certified Fire Plan Examiner

Hi you need to look at the Federal Highways Administrations ADA requirements for ROW. They even allow sidewalks to follow the existing contour of roadways even if they are steeper than ADA allows. You need to couple ADA, ADA-FHA, under title II of the ADA.

 

[ADAguy]

Property owner is responsible for improvements within his boundaries.
Ah is responsible for public right away and sidewalks outside those boundaries.
Therein is where issues arise as to design of curbcuts and clearances if buildings have been allowed "0" lot lines with narrow sidewalks.