HomeMy WebLinkAboutCOM 0151.002 1996-1998 Donna Fay K. Kiyosaki
Chief Engineer
Stephen K. Yamashiro
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DEPARTMENT OF PUBIIOI!tl~l~l~$- HAVVAII
25 Aupuni Streeq Room 202 ~ Hilo, Hawau 967204252
(808) 961.8321 ~ Pax (808) 969-7138
Date Mazch 14, 1997
To DOMINIC YAGONG Council Person
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DONNA FAY K. FfY9SBd{I, Chief Engineer
SUBJECT : ADA REQUIREMENTS
In response to the February 3, 1997 letter from Disability Rights Hawaii, I have issued the attached
memorandum to all affected divisions within my Department. Essentially, we will be sending the majority
of our construction plans to the State Commission for Persons with Disabilities for review and approval.
In addition, we will be requiring all developers to submit a letter of approval from the State Commission
as part of their road dedication request. This assures that the new subdivision street being accepted also
complies with ADA requirements.
Attach.
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DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
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Date February 28, 1997
To ALL DIVISIONS
From DONNA FAY K. KFYOSAKI, Chief Engine '
SUBJECT : ADA REQUIIZEMENTS FOR PUBLIC WORKS CONSTRUCTION
Recently, Disability Rights Hawaii, an Americans with Disabilities Act (ADA) advocacy group raised very
two significant issues that will affect us all including the construction industry. These issues are as
follows:
1. Repairing a arty that does not comply with ADA. While trenching for the installation of a drain
culvert, a contractor damaged an adjoining sidewalk, including an intersection that did not have a
curb-cut (a.k.a. wheelchair ramp). The contractor repaired the sidewalk and intersection without
the curb-wt. Disability Rights Hawaii believes that the contractor violated ADA provisions because
he should have repaired the intersection with the curb-cut.
2. Resurfacing of streets with sidewalks that do not comply with ADA. Whenever a street of this type
is resurfaced, despite reason, sidewalks shall be improved to comply with ADA requirements.
Disability Rights Hawaii believes that precedent has been set by the United States District Court and
the United States Court of Appeals Third Circuit when it was determined that resurfacing is an
alteration and not an exempt maintenance activity. Using this reasoning Disability Rights Hawaii
cited the resurfacing of Haili Street, a wastewater project and the resurfacing of Laimana Street, a
Highway Maintenance Division resurfacing project as violations of the ADA requirements.
Because of the potential impacts these two issues raise we discussed this matter with our Corporation
Counsel who had reseazched the matter. Although we believe these issues are gray areas of the ADA,
it is clear to us that thejudicial system has made and will continue to make very liberal interpretations of
the law. Considering this, I am taking the following position:
1. Effective immediately appropriate changes shall be made to our contracts to advise contractors of
their responsibility to comply with ADA requirements when making repairs to non-complying
public facilities. Attached is some suggested wording for construction notes.
D:UdyFilcs~ADA1MA Memos.wpd(I)
Ada Requirements
February 28, 1997
Page 2 of 2
2. Any construction that may in anyway impact facilities for the disabled shall be submitted to
the State Commission for Persons with Disabilities for approval.
3. All maintenance related resurfacing work shall include provisions to install curb-cuts and
other related improvements to comply with ADA requirements shall be submitted to the State
Commission for Persons with Disabilities for approval. For Highway Division projects, this
includes, when necessary, budgeting an appropriate amount for contractual services. These
services may be contracted within the Division or through the Engineering Division depending
upon the scope and complexity of the work.
If you have any questions, please contact Galen Kuba of our Engineering Division at 961-8327.
Attachment
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REVISIONS TO DPW NOTES FOR ADA COMPLIANCE
February 27, 1997
GENERAL CONSTRUCTION NOTES -All Divisions.
New Item Should a contractor, jor any reason, be responsible
jor damages to a public facility
that is not within the scope of the project and does not comply with current
requirements of the Americans with Disabilities Act (ADA), in addition to making
repairs to that facility, the contractor shall at his own expense provide all
necessary improvements such that the public facility complies with al! current
requirements of the Americans with Disabilities Act (ADA) and meets with the
approval of the Department of Public Works.
NOTES FOR WORK WITHIN THE COUNTY RIGHT OF WAY -Engineering Division
17. D. Should damages to a sidewalk, curb and/or gutter occur at a location where a
curb-cut
for the disabled should exist or to a driveway that does not meet with the
current requirements of the Americans with Disabilities Act (ADA), repair work
shall include the construction of a curb-cut for the disabled or the driveway shall
be reconsducted such that the repair work complies with the current requirements
of the Americans with Disabilities Act (ADA) and meets with the approval of the
Department of Public Works.
E. All other incidental work shall be satisfactorily performed to effect the proper .