Section 24-3315. SAFE ACCOMMODATION FOR PEDESTRIANS AND BICYCLISTS

 

3315.1A public right-of-way occupancy permit that authorizes blockage of a sidewalk, bicycle lane, or other public bicycle path shall require the permittee to provide a safe accommodation for pedestrians and bicyclists.

 

3315.2The blockage of a sidewalk, bicycle lane, or other public bicycle path shall be treated in the same manner as the closure of a lane of motor vehicle traffic by applying similar temporary traffic control practices as would be applied to the closure of a lane of motor vehicle traffic for each permit issued.  The design and placement of the temporary traffic control signs, devices and roadway markings shall be in compliance with the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD).

 

3315.3The term “safe accommodation” means a safe and convenient route for pedestrians and bicyclists that ensures an accommodation through or around a work zone that is equal to the accommodation that was provided to pedestrians and bicyclists before the blockage of the sidewalk, bicycle lane, or other public bicycle path.

 

3315.4(a) The safe accommodation for pedestrians shall meet or exceed the current DDOT standards, “Pedestrian Safety and Work Zone Standards – Covered and Open Walkways” including the following:

 

(1)Routing priority; provided that closing a sidewalk  and routing pedestrians to the sidewalk on the opposite side of the street shall only be approved as a last resort for the duration of time needed to assure pedestrian safety in the absence of other practicable routing options; 

 

(2)Compliance with the Americans with Disabilities Act of 1990, approved July 26, 1990 (Pub. L. 101-336, 42 U.S.C. §§ 12101 et seq.); 

 

(3)Protecting pedestrians from adjacent construction activities; 

 

(4)Covering the pedestrian walkway when overhead danger is present; 

 

(5)Physically separating pedestrians from vehicular traffic;

 

(6)Covered walkway structural specifications; and

 

(7)Modification requests.

 

(b)The permittee shall maintain the pedestrian route free of obstructions and surface hazards, such as construction equipment, construction materials, debris, mud and loose gravel at all times.

 

(c)The routing for a safe accommodation for bicyclists shall replicate the safety level of the existing bicycle route, such as by providing:

 

(1)A route that is physically separated from motor vehicle traffic if a protected bicycle lane is blocked or providing a route that is for the exclusive use by bicyclists if a bicycle lane is blocked whenever feasible;  

 

(2)A route which is free of obstructions and surface hazards, such as construction equipment, construction materials, debris, holes, mud, loose gravel, milled surfaces and uneven pavement; and

 

(3)A route that does not share a covered or open walkway with pedestrians.

 

(d)The method for providing the safe accommodation for bicyclists shall be prioritized as follows:

 

(1)Closing a parking lane and keeping the adjacent bicycle lane open;

 

(2)Shifting the bicycle lane to a location on the same roadway to by-pass the work zone, and if necessary, shifting and narrowing the adjacent motor vehicle traffic lanes; provided the adjacent motor vehicle travel lanes shall be maintained at no less than ten feet (10 ft.) wide;

 

(3)Closing the adjacent motor vehicle travel lane to provide space for a bicycle lane; provided that a minimum of one (1) motor vehicle travel lane shall remain in the same direction of travel;

 

(4)Merging the bicycle lane and the adjacent motor vehicle travel lane into a shared travel lane adjacent to the work zone, installing sharrow lane markings in the shared travel lane and installing work zone signage directing bicyclists to merge into the shared travel lane; provided the shared travel lane shall be maintained at no less than thirteen feet (13 ft.) wide; and

 

(5)As a last resort, detouring bicyclists onto an adjacent roadway, in which case the detour route shall replicate, as closely as practicable, the level of safety found on the bicycle route being blocked.

 

3315.5Each applicant submitting a permit application to the Director which will result in the blockage of a sidewalk, bicycle lane, or other public bicycle path, shall submit for approval by the Director a traffic management plan that addresses safe accommodation for pedestrians and bicyclists before the issuance of a permit by the Director.

 

3315.6The traffic management plan submitted to the Director pursuant to Subsection 3315.5 shall require MUTCD-complaint work zone signage, devices and roadway markings that adequately warn right-of-way users of upcoming changes and marks the alternate route as follows:

 

(a)Signage intended only for pedestrians shall display the word “pedestrians” or the pedestrian symbol and shall adequately warn of any route change and clearly mark the alternate route;

 

(b)Signage intended only for bicyclists shall display the word “bicycles,” the word “bicyclists,” or the bicycle symbol and clearly mark the alternate route;

 

(c)Signage shall adequately warn bicyclists and motorists alike of any lane shift or shared lane condition; and

 

(d)Any additional signage or roadway markings, such as signage or roadway markings for a lane shift, a sharrow lane, or a detour route, shall be provided and maintained for the length of the altered route.

 

3315.7If a safe accommodation for pedestrians or bicyclists must be closed intermittently during off-peak hours due to conflicts with construction activities or construction vehicles, the traffic management plan submitted to the Director pursuant to Subsection 3315.5 shall require that:

 

(a)Flaggers be posted at each end of the closed pedestrian or bicycle route for the entire duration of time the intermittent closure is in place; and

 

(b)The safe and reasonable flow of pedestrian and bicycle traffic be maintained in preference to construction activities and the flow of construction vehicles.

 

3315.8The Director may revoke a public right-of-way occupancy permit authorizing the blockage of a sidewalk, bicycle lane, or other pedestrian or bicycle path for any of the following reasons:

 

(a)The permittee fails to comply with a provision of Subsections 3315.1 through 3315.7 above;

 

(b)The permittee does not comply with the traffic management plan approved by the Director;

 

(c)To protect the public safety and welfare; or

 

(d)Any other reason authorized by law.

 

 

authority

Sections 4(a)(5)(A) (assigning authority to coordinate and manage public space permits and records to the DDOT Director), 5(4)(A) (assigning duty to review and approve public space permit requests to the DDOT Director), and 6(b) (transferring the public right-of-way maintenance function previously delegated to the Department of Public Works (DPW) under Section III(F) of Reorganization Plan No. 4 of 1983 to DDOT) of the Department of Transportation Establishment Act of 2002 (“DDOT Establishment Act”), effective May 21, 2002 (D.C. Law 14-137; D.C. Official Code §§ 50-921.03(5)(A), 50-921.04(4)(A), and 50-921.05(b) (2012 Repl. & 2014 Supp.)), and Title VI of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law 11-198; D.C. Official Code §§ 10-1141.01, 10-1141.02, 10-1141.03, 10-1141.03a, 10-1141.05, and 10-1141.06 (2013 Repl. & 2014 Supp.)), which was delegated to the DPW Director pursuant to Mayor’s Order 96-175, dated December 9, 1996, and D.C. Official Code §§ 10-1141.03(f), 10-1141.04(5), 10-1141.04(6), 10-1141.04(7), and 10-1141.04(8) (2013 Repl. & 2014 Supp.), and subsequently transferred to the DDOT Director in Section 7 of the DDOT Establishment Act (transferring to the DDOT Director all transportation-related authority previously delegated to the DPW Director) (D.C. Official Code § 50-921.06 (2012 Repl.)).

source

Final Rulemaking published at 61 DCR 10577 (October 10, 2014).