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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33752
Experience:  Began practicing law in 1992
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My husband has Alzheimer's, and is wheel chair bound.

Customer Question

My husband has Alzheimer's, and is wheel chair bound. Recently the borough of Parkesburg,Pa has torn up Main Street(where we live) to put in new water and sewer lines. They were covered with cold patch. Once that was completed side walks were put in to cover the original cold patch on the sidewalk. Here is the problem...with the new sidewalk put in the lip from the curb is still raised which makes it difficult for each of my women caregivers to push a 240lb. man in a wheel chair to our Chuch which is across the street from us. In fact there is no cut out where the Church has its handicapped spot. Our Minister dug out two ruts to accommodate my husband's wheelchair. When the men were making the new sidewalk, I asked him if he could slope it so one of my female care givers could push my husband to Church. The head on the job said that he thought there would be no problem,but he had to talk to ***** *****, the Borough Manager. Well, ***** ***** told the man no. Next our part of Main Street will be raked and then blacked top which will make it more difficult to get my husband to Church.
In writing I am hoping that under ADA laws there is a provision for this situation- to have our curb slope to allow my husband's wheelchair to make a smooth transition to the road.
My email address is:***@******.***. Home ph. #(###) ###-#### ***** you in advance for looking into this matter.
Mrs. Susan Ryan
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is going to take a while to research and I seem to be having problems logging onto the research site tonight. Will it be sufficient if I get back to you tomorrow morning?

If not I can opt out and open it back up to the other experts.

Customer: replied 1 year ago.
that would be fine. Thank you.
Expert:  Dwayne B. replied 1 year ago.

Great. I will get on it first thing in the morning and will get back to you as soon as I have an answer. I may have some more questions as I research and, if so, I will post them as I have them and then you can answer at your convenience.

I am about to take the computer down and do some maintenance to see if that solves the problem and so won't be back online until the morning. If you would, please just reply with an "OKAY" so it keeps your question at the top of my queue.

Expert:  Dwayne B. replied 1 year ago.

I have been researching this issue for a while now and the requirements are both pretty specific and yet, in another way, very general. Essentially, a city is required to make all pedestrian crossing on streets accessible to those who are disabled/handicapped.

The ADA sets out minimal requirements and then states can deviate from those if they choose to do so but they are only allowed to deviate and provide more or better access, never less.

All of the requirements are set out in various codes but it is easier to look through and understand the publications based on those codes than it is to look through the codes themselves, most of which are either in the United States Codes or the Code of Federal regulations.

Note that any deviation from these rules in a manner that makes it harder for a disabled person to use the walkways can be addressed through a lawsuit.

To be honest, I've never been in the building trade other than as a laborer and so when they discuss that "The slope requirements for the flared sides depend on the width of the sidewalk at the top of the ramp, “x” in the illustration to the right. If “x” is less than 48 inches, then the slope of the flared sides must be no more than 8.33 percent (1:12). If “x” is 48 inches or more, then the flared sides may slope up to 10 percent (1:10) but not more", I am lost as to what they are talking about, other than that I understand they are talking about how steep the ramp can be.

I am going to give you the link to a couple of ADa publications put out by the government and which appear to be to be the regulations which you are concerned about. If you would look these over and then tell me which direction you would like for me to look next.

This next link discusses the temporary access to areas while the area is being worked on. Note that the last "check box" on the second page states:

Make pedestrian routes ADA compliant and available to pedestrians during all phases of construction.