36 CFR Part 1190, Proposed Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way: Notice of Proposed Rulemaking (NPRM)

Detectable Warning Surfaces on Curb Ramps (Section-by-Section Analysis)

When the Access Board issued the 1991 ADAAG, the guidelines contained a requirement for detectable warning surfaces on curb ramps. The requirement was temporarily suspended between 1994 and 2001 pending additional research and review of issues relating to requirement. The Access Board deferred addressing detectable warning surfaces on curb ramps in the 2004 ADA and ABA Accessibility Guidelines pending completion of the guidelines for pedestrian facilities in the public right-of-way. As a result of these actions, there are different requirements for detectable warning surfaces on curb ramps in the accessibility standards included the regulations issued by the Department of Justice implementing Title II of the Americans with Disabilities Act and by the Department of Transportation implementing Section 504.

When the Department of Justice initially issued regulations in 1991 implementing Title II of the Americans with Disabilities Act, the regulations required state and local governments to use accessibility standards (hereinafter referred to as the “DOJ 1991 Standards”) that included the 1991 ADAAG which contained a requirement for detectable warning surfaces on curb ramps, or the Uniform Federal Accessibility Standards (UFAS) which did not contain a requirement for detectable warning surfaces on curb ramps.²⁸  When the Department of Justice adopted the DOJ 2010 Standards, those standards included the 2004 ADA and ABA Accessibility Guidelines which do not contain a requirement for detectable warning surfaces on curb ramps.

The Department of Transportation regulations implementing Section 504 require state and local governments that receive federal financial assistance directly or indirectly from the Department to use accessibility standards that include the 2004 ADA and ABA Accessibility Guidelines, as modified by the Department, or UFAS. See 49 CFR 27.3 (b). The Department of Transportation modified the 2004 ADA and ABA Accessibility Guidelines by retaining certain requirements from the 1991 ADAAG, including the requirement for detectable warning surfaces on curb ramps. See 406.8 in Appendix A to 49 CFR part 37.

State and local transportation departments will be affected differently by the requirement in the proposed guidelines for detectable warning surfaces on curb ramps depending on the accessibility standards that they use for curb ramps in the public right-of-way. The Access Board reviewed the standard drawings for the design of curb ramps on state transportation department websites and found that the transportation departments in all 50 states and the District of Columbia specify detectable warning surfaces on curb ramps in the standard drawings.²⁹  Most local transportation departments use standard drawings for the design of curb ramps that are consistent with the standard drawings maintained by their state transportation departments. These state and local transportation departments use either the DOJ 1991 Standards, which include the 1991 ADAAG requirement for detectable warning surfaces on curb ramps, or the Department of Transportation accessibility standards, which include the 2004 ADA and ABA Accessibility Guidelines as modified by the Department to include the requirement from the 1991 ADAAG for detectable warning surfaces on curb ramps.³⁰

²⁸UFAS was issued in 1984 by the General Services Administration and other federal agencies responsible for issuing accessibility standards for facilities covered by the Architectural Barriers Act. See 49 FR 31528 (August 7, 1984).

²⁹Links to each state transportation department’s standard drawings that specify detectable warning surfaces on curb ramps are available on the Access Board website at: https://www.access-board.gov/guidelines-and-standards/streets-sidewalks/public-rights-of-way/background/state-dot-curb-ramp-standard-drawings-with-detectable-warning-details.

³⁰The DOJ 1991 Standards require detectable warning surfaces to extend the full width and depth of the curb ramp (see 4.7.7, Appendix E to 28 CFR part 36). The Department of Transportation standards require detectable warning surfaces to extend the full width of the curb ramp (exclusive of flared sides) and either the full depth of the curb ramp or 24 inches deep minimum measured from the back of the curb on the ramp surface (see 406.8, Appendix A to 49 CFR part 37). Guidance issued by the Department of Justice permits the use of the Department of Transportation standards for detectable warning surfaces on curb ramps. See Department of Justice, “ADA Best Practices Tool Kit for State and Local Governments, Curb Ramps and Pedestrian Crossings” (May 7, 2006) at: http://www.ada.gov/pcatoolkit/toolkitmain.htm.