Climbing the Uphill Battle for ADA on a Non-compliant Curb Ramp

Curb RampMy primary involvement in ADA has been as an engineer designing and building infrastructure in the right of way and in years past, as a building inspector approving private development. During my career, I have always made a dedicated effort to learn about and meet the requirements of this federal law. But it's been a challenge shared by many other building and design professionals due to the lack of guidance materials and solid instruction from federal and state agencies. Fortunately over the last year that has changed for us in Illinois with state and federal agencies providing more training. But as frustrating as it has been for us, I can't begin to imagine how it is for those who have a disability and need to use these facilities. And today, I came up against another completely unbelievable hurdle.

The law was passed in 1990, and it has taken 20 years for the design community to receive clear guidance on how to comply with the law. The effect this seems to have had is that many engineers look upon the law as a joke thinking why comply – next year federal and state agencies will change it again. Or they ignore it or only partially comply because it must not be important enough if it has taken this long to put achievable guidelines in place. And they do not normally interact with the community most affected to see the impact of their decisions.

So one hurdle is just convincing engineers they need to follow the law. Our state has come out with the opinion that if a professional engineer knowingly designs or builds or approves a non-compliant ramp, they will pursue taking away their license. This is serious for someone who relies on the license for their job. Yet, when I share this with other engineers they do not believe it or think it could happen.

Fortunately there are engineers out there who do care and try to comply. I wonder sometimes what makes the difference. For myself, my dedication has built up over time as I better understood the requirements and particularly as I began to interact with those who have disabilities. They have really been the ones who helped me understand the importance of each regulation. Not complying does truly cause them hardship and at times it is painful and severe. It makes me wonder if we should be requiring a certification for ADA design that includes training and interaction with disability communities and groups.

Anyway, as difficult as all that has been to work through, today I got a call from a couple in our city complaining about a curb ramp we installed. They didn't like the design because they felt it would make it difficult to mow. I had tried to explain in two emails and out on the site that we were obligated to construct the ramp in that manner due to federal law. That the city risked liability and loss of use of road funds for highway improvements should we choose to ignore the law. And I added the part about losing my license. But they would have none of that. They questioned why other ramps are non-compliant, but it's difficult to convey how and why we got to this point over 20 years in just a few minutes. So they could not understand.

But in the end, I could tell by their attitudes, the bottom line for these people was that they were going to force the city to put in a ramp they liked no matter what. They obviously had total disregard for the law and our need to comply. They even threatened calling the newspaper and the state of Illinois to "tell on us." Which didn't make sense to me – were they going to tell them we put in a compliant ramp they don't like? Of course both they and their child had no visible disabilities.

All I could think was if I feel this frustrated and helpless just trying to build compliant infrastructure, how must someone feel who has to try to use non-compliant infrastructure? I can't even imagine telling someone with a disability, we chose not to comply with the law because these people thought it would cause them some difficulty in mowing around the ramp. We might be able to some day have designers on board, but how will we ever get healthy people with no disabilities to accept the need for compliance when all they care about is not having a minor inconvenience in mowing? And how can people have such total disregard for others?

 

 

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Augmented Reality for Public Works

Construction siteAugmented reality (AR) has been gaining ground over the last couple years—most likely as a result of an increasing number of applications incorporating AR and an increase in the capabilities of supporting technology. But while the advances have been useful and impressive, I have not seen much related to the public works industry. This surprises me because AR could be incredibly useful and could increase efficiencies and decrease costs. So I thought I would post a few ideas of ways in which AR could be applied to the public works field with the hope that someone takes up the challenge and implements these tools:

Utility Locates:
Utility locating can be a pain, but it is important to prevent damage to the utility or injury to people working near the utility. Current tools of the locating trade can include a map on a laptop or on paper, locating devices for accurately pinpointing the utility location, shovels, picks, probes, and paint or flags for marking the location in the field. The reason this task is so challenging is the need to rely on maps that many times are not accurate enough to allow the locator to just walk right up to the utility.

For example, a locator might have trouble finding a water shut off valve in someone’s yard if it is buried under snow or dirt. If there are accurate measurements to the valve, the locator uses a measuring tape and map to find the general location of the valve. And if there are not accurate measurements, which is often the case, the locator would have to randomly search the area with the locating device. Once a probable position is determined, the locator digs for the valve with a shovel. This can result in multiple holes being dug before the valve is found. If other utilities are in the area, readings can be inaccurate which makes finding the valve even harder. The whole process can be very time consuming.

Some cities have their valves in a GIS allowing the locator to walk to the approximate location with the help of a GPS device. This is very useful, but how much better and more intuitive would it be if the valve could be projected digitally onto the ground using augmented reality. The locator drives up to the site, gets out of the vehicle and puts on a headset or uses a mobile device, and all the utilities show up on the ground through the use of augmented reality.

Engineering Design:
Using this same idea, engineering design could be greatly simplified. If an engineer needs to improve a road by installing curb and gutter and a new storm sewer, maps must be collected and utilities marked in the field to designate locations of gas, electric, water, etc. Only then can the engineer determine the best place to put the curb and sewer. If all an engineer had to do was drive out to the job and use augmented reality, the best locations for the new improvements could be determined faster with more accuracy.

Engineers could also use this if a resident calls with a problem. Many times, when we respond to residents, we do not know exactly what the problem really is until we get to the site. So we might not have everything we need to determine if we can help with the problem. But if the resident had a question or problem related to a utility such as needing to tap onto our sewer or water or if they had a drainage problem and needed to tap into our storm sewer, I could not only determine right away if there was a feasible solution, but I could also show the resident by having them use the technology. Seeing the line on the ground would mean more to them than looking at a line on a map. And how much better it would be for them if we could animate the line somehow showing water flowing.

Maintenance and Construction:
Augmented reality could also be used to make sure crews are working on the right asset in the field. If we could digitally mark the manhole that needs to be fixed or the tree needing to be pruned, or the area in which I want landscaping planted, we could reduce confusion or errors in the field.

And if a contractor is installing a pipe, he could use augmented reality to see where he needs to dig. This could also assist the city in showing property owners where improvements will be made. Residents could use AR technology and actually see how the new road will look.

I could have also used AR when I was putting up the trim at my last house. This would have prevented me from drilling into a pipe or it could have helped me find the studs.

There are a lot of other uses we could figure out to help us better perform our job in public works. Hopefully this post helps generate some more ideas and maybe even challenge someone to develop an AR for public works tool.

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Free Highway Design Software!

Hey all you designers of two-lane highways! Get your free download of the 2008 Interactive Highway Safety Design Model (IHSDM). Brought to you by your friendly Federal Highway Administration.

The site does require you to register for approval. Information required for registration includes your name, title organizational affiliation, mailing address, e-mail address, telephone number, and facsimile number. You must also acknowledge that you have read and agree to the disclaimer.

After registering, you will be sent an e-mail message with a password to enable the download of IHSDM software files. I received my confirmation e-mail and was able to log in and begin downloading the program immediately upon submitting a registration request.

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The Ugly Stepsister

Over the last few years the amount of information related to stormwater practices has dramatically increased. Some days it seems like every e-mail, magazine, or flyer I receive covers some topic related to the stormwater industry. However, it wasn’t until this weekend when our area had the worst rainfall event that I can remember, that I started realizing the primary focus of all this is on stormwater quality. And I am starting to wonder why there is such a comparative lack of information or concern over stormwater quantity.

Each time major rainfall events occur, people have to deal with damage to their homes from flooding/sewer backups. They probably are getting fairly tired of having to hear the engineers, myself included, talk about combined sewers that cause basement backups and about stormwater systems or levees that are only designed to handle a certain sized storm. During these events, the last thing on their minds seems to be the water quality of the receiving stream – it’s the quantity of water rushing into their home! Even in New Orleans, the situation was so bad that it seemed the regulations on water quality were waived to facilitate recovery. So at the end of the day, it makes me wonder why we are focusing so much effort on water quality and ignoring water quantity as if it is the ugly stepsister.
Example of flooding
I definitely not saying we should cast aside the focus on water quality issues, but I think it is time our industry starts talking about and including the water quantity issues. Otherwise we are only doing half the job. We need to start questioning the standards under which we design – do they need to be updated to address any climate changes? Do we need to change them because damage to homes and businesses is greater today than in the past and could be high enough to push the design year up some? Should these discussions be done on a regional or national basis? What other professions or industries should be brought in on these discussions?

Then we need to take our analysis and recommendations to the politicians who have the obligation to weigh our advice against the wishes of the people and the state of our economy. Today, I don’t believe the public, in general, is aware of the regulations and policies under which storm sewer systems are designed; they have a false sense of security that the pipes will always handle the water. Then when they do not, everyone gets upset. Engineers, along with politicians, need to do a better job educating the public about how these systems are designed, the consequences of those design policies, and the costs for preventing or alleviating flooding. Only after careful consideration of this information can the people convey the right decision to their government representatives.

Then when all parties have weighed the evidence and considered all possibilities and choices, our industry can establish a new guideline for stormwater control that not only addresses water quality, but the quantity as well.

(And by the way, my first recommendation is to figure out a new way of referring to the type of storm event instead of saying it was a “500-year flood.” A local politician from a neighboring community was quoted in our paper complaining how he couldn’t understand how they knew it was greater than a 500-year flood because the town hadn’t been around that long. That terminology is not helping public education efforts.)

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Losing Your Creativity

A couple weeks ago, I attended a meeting with our local business association to hear and participate in a discussion about tax increment financing districts (TIFs). Our TIF attorney made a comment at the meeting something to the effect that “infrastructure is not sexy.” At the time, I interjected my disagreement with his assessment; everyone laughed, and I really didn’t think much more about it until later.

But the more I thought about it, the more I had to admit that the general public would probably agree with our TIF attorney. Why is that? There was a time when people were impressed by the achievements of engineers and public works employees. Our contributions to bettering the lives of people were welcomed and appreciated. Now what we achieve seems to be taken for granted, dismissed, ignored, or worse yet criticized. Only within the confines of our own professional groups are these achievements awarded.

But most of us are not working each day trying to win an award or mass recognition for our designs or projects. So why should this change in attitude concern the average public works person?

The critical issue here is that this change in attitude seems to be leading to a complete dismissal of our profession as one that requires creativity in order to deliver a quality product. I realize that even amongst ourselves this may not be apparent because we really do not talk about ourselves or our profession as one that relies on creativity. But each day we face problems that rarely have obvious solutions, and the way we solve them is to tap into our creative abilities to assess situations, many times “think outside of the box,” and then derive the most efficient, acceptable, and cost effective solution that works. And we do this without even thinking about how we do it.

So if we are automatically doing this, why should we be worried about how others view us and our work? Because at one time, when the general public was still awed by our achievements, we were left alone to create, solve problems, and produce. As the world has progressed, this is no longer the case – the companies and agencies for which we work have made changes to staffing and policies that are now stifling the creativity on which we rely.

We now have supervisors who are not trained in our field and don’t understand the thought processes and work environments we need in order to achieve success. With fewer employees in our divisions and groups, we are pushed to achieve more in a shorter amount of time. Politicians often do not heed advice from professionals and experts in a certain field which leads to an imposition of policies and regulations that simply do not work.

I suppose there may still be a lucky few who have not had to experience these types of changes, but from what I can see and from the conversations I have with other professionals, there does not seem to be many of the lucky ones. Instead I hear of engineers who are having to “clock in and out” in a manner similar to that of a factory worker because some accountant for some government agency has decided that the employee might spend an extra 5 minutes or so at lunch.

For myself, I don’t have that problem, but I do have coworkers who are not in the public works department who simply cannot comprehend why I would need to work uninterrupted on anything. And they are unrelenting in their criticism should I try to just shut the door or not answer the phone for any time period at all.

So what is the result of these changes? I see and hear about designs and projects that no longer are the best or most efficient or even well thought out. This obviously leads to, at the least, increased construction costs and a waste of resources, and, at the worst, failures and a potential for loss of lives.

I agree that we as a nation need to invest more in infrastructure, and I think the average citizen would agree, but more importantly, should this funding one day arrive, we need to spend it wisely by coming up with the best designs. And this is only going to happen if we invest in our own creativity despite the obstacles trying to diminish this vital ability.

Next post – Finding your creativity.

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For all things pavement….

Throughout my travels in Second Life, I have seen the impressive vision expressed by people who work for government agencies located in the United States. There are a number of creative and innovative government employees who have seen the potential of using Second Life to better perform their jobs and to reach out to citizens and other government professionals. The builds they have helped create provide an educational and intellectually stimulating location in which to learn and interact with others.

Today I found out that a group of government professionals, in partnership with the University of Washington, has been working with Internet-related technologies other than Second Life to come up with an impressive tool to share knowledge related to pavements. The result has been the Pavement Interactive Wiki. According to the site, “this document (or ‘Guide’ for short) is an Internet-based multimedia document whose primary purpose is to provide a general pavement overview covering all aspects from materials to design to construction to maintenance. It functions as a ‘Collaborative Web site’ that resides on the Internet and requires only a PC/Mac and minimal freeware to access the information.”

The site provides a multimedia and interactive product that engages the design and construction community and offers them training, information, and the ability to collaborate on all pavement-related topics.

Because all the content from a former Web site, Pavement Guide Interactive, was imported to the wiki, there is already a large amount of pavement-related information in the reference section. Other areas of the wiki are “portals” or areas where members of the original pavement consortium can create distinct pages for their agencies. Other groups, such as organizations, can create their own pages for collaboration in the “Groups” area of the site.

Users who register at the pavement interactive wiki can add research and content in the “articles” section. I registered immediately and added this wiki as a resource on our own Public Works wiki under the transportation section of the Public Works in Real Life page.

As a government worker myself, I applaud the leadership, vision, and innovation that continues to be exhibited by engineers and other public works staff employed by federal, state, and local agencies of our government. I figure it is only a matter of time before I can visit DOT, FHWA, and EPA islands in Second Life.

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