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Is store owner required to maintain parking lot

ckc189

Registered User
Joined
Apr 29, 2019
Messages
6
Location
florida
I can not find any codes that require a parking lot to be maintained. There is a 6" drop off between the asphalt and the gravel where the gravel has eroded and there have been complaints. I am in florida. Any help will be appreciated. This area is not between the handicap parking spot and the entrance to the building, so I dont know what it would fall under. There is a tire pump in the area if it makes a difference. Thanks.
 
Maintenance is up to the lease agreement, not the building codes. You will need to check into what your lease says.
 
Maintenance is up to the lease agreement, not the building codes. You will need to check into what your lease says.
I know there are other references throughout the building code like maintaining the same level of accessibility or means of egress, so I was wondering if there is something similar for a parking lot. I don't think it falls into an accessible area or a means of egress though.
 
I know there are other references throughout the building code like maintaining the same level of accessibility or means of egress, so I was wondering if there is something similar for a parking lot. I don't think it falls into an accessible area or a means of egress though.
Correct, if not a means of egress or an accessible feature, the building code does not prescribe maintenance. If locally adopted, the IPMC may say something.
 
Sounds like the asphalt is the parking area and the gravel is the driveway. As long as the parking area is reasonably level and safe, you are going to have a hard time forcing the owner to fix the offset. Start by calling code enforcement in the town.
 
Sounds like the asphalt is the parking area and the gravel is the driveway. As long as the parking area is reasonably level and safe, you are going to have a hard time forcing the owner to fix the offset. Start by calling code enforcement in the town.
Not really, it separates a gravel parking area in the back from an asphalt parking area in the front. It is a trip hazard in my opinion because they know people are walking by there, I just dont have a code to back it up
 
Start by calling code enforcement in the town.
If locally adopted, the IPMC may say something.
references throughout the building code

The building code is really designed to regulate construction. Once a building is complete then it passes to other regulations. Each local municipality has certain codes adopted, and so does each state. If you're not able to get answers from your local jurisdiction the next step is to do some internet research to see what codes are applicable in your area. As mentioned, IPMC 302.3, if your locality has adopted it.
 
Most local jurisdictions & counties have property maintenance ordinances in Florida.
If this affects accessibility under the ADA then the DOJ comes into play.
 
It would seem worth determining if ownership of both is the same or different.

Does anyone using the egress from the building have to walk across that to get to the public way?
 
Not really, it separates a gravel parking area in the back from an asphalt parking area in the front.
Ok, so part of the parking area is asphalt, the owner is going to tell you that area is for people who need a smooth surface. The gravel parking area … it really isn’5 any different than parking on the grass at a county fair, or overflow parking at a nascar track.
 
I can not find any codes that require a parking lot to be maintained. There is a 6" drop off between the asphalt and the gravel where the gravel has eroded and there have been complaints. I am in florida. Any help will be appreciated. This area is not between the handicap parking spot and the entrance to the building, so I dont know what it would fall under. There is a tire pump in the area if it makes a difference. Thanks.
From the 2010 -DEPARTMENT OF JUSTICE-28 CFR Part 36 [CRT Docket No. 106; AG Order No. 3181–2010]
RIN 1190–AA44 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities-AGENCY: Department of Justice, Civil Rights Division.
ACTION: Final rule.
§ 36.211 Maintenance of accessible features.
(a) A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.


Other references in the 2010 ADA Standard.
Advisory 407.1 General. The ADA and other Federal civil rights laws require that accessible features be maintained in working order so that they are accessible to and usable by those people they are intended to benefit. Building owners should note that the ASME Safety Code for Elevators and Escalators requires routine maintenance and inspections. Isolated or temporary interruptions in service due to maintenance or repairs may be unavoidable; however, failure to take prompt action to effect repairs could constitute a violation of Federal laws and these requirements.
Advisory 1008.2.6 Ground Surfaces. Ground surfaces must be inspected and maintained regularly to ensure continued compliance with the ASTM F 1951 standard. The type of surface material selected and play area use levels will determine the frequency of inspection and maintenance activities.
405.8 Handrails. Ramp runs with a rise greater than 6 inches (150 mm) shall have handrails complying with 505.EXCEPTION: Within employee work areas, handrails shall not be required where ramps that are part of common use circulation paths are designed to permit the installation of handrails complying with 505. Ramps not subject to the exception to 405.5 shall be designed to maintain a 36 inch (915 mm) minimum clear width when handrails are installed.
From Page 55 Guidance on the 2010 Standard DOJ -
In those cases, it may be the case that the facility has an obligation to meet the alterations or barrier removal requirements
or to maintain accessible features.
 
FYI - 36.211 Maintenance of accessible features is from the-Title III Regulations Revised Final Title III Regulation with Integrated Text
 
From the 2010 -DEPARTMENT OF JUSTICE-28 CFR Part 36 [CRT Docket No. 106; AG Order No. 3181–2010]
RIN 1190–AA44 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities-AGENCY: Department of Justice, Civil Rights Division.
ACTION: Final rule.
§ 36.211 Maintenance of accessible features.
(a) A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.


Other references in the 2010 ADA Standard.
Advisory 407.1 General. The ADA and other Federal civil rights laws require that accessible features be maintained in working order so that they are accessible to and usable by those people they are intended to benefit. Building owners should note that the ASME Safety Code for Elevators and Escalators requires routine maintenance and inspections. Isolated or temporary interruptions in service due to maintenance or repairs may be unavoidable; however, failure to take prompt action to effect repairs could constitute a violation of Federal laws and these requirements.
Advisory 1008.2.6 Ground Surfaces. Ground surfaces must be inspected and maintained regularly to ensure continued compliance with the ASTM F 1951 standard. The type of surface material selected and play area use levels will determine the frequency of inspection and maintenance activities.
405.8 Handrails. Ramp runs with a rise greater than 6 inches (150 mm) shall have handrails complying with 505.EXCEPTION: Within employee work areas, handrails shall not be required where ramps that are part of common use circulation paths are designed to permit the installation of handrails complying with 505. Ramps not subject to the exception to 405.5 shall be designed to maintain a 36 inch (915 mm) minimum clear width when handrails are installed.
From Page 55 Guidance on the 2010 Standard DOJ -
In those cases, it may be the case that the facility has an obligation to meet the alterations or barrier removal requirements
or to maintain accessible features.
Spot on! Jean
 
From the 2010 -DEPARTMENT OF JUSTICE-28 CFR Part 36 [CRT Docket No. 106; AG Order No. 3181–2010]
RIN 1190–AA44 Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities-AGENCY: Department of Justice, Civil Rights Division.
ACTION: Final rule.
§ 36.211 Maintenance of accessible features.
(a) A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities by the Act or this part.


Other references in the 2010 ADA Standard.
Advisory 407.1 General. The ADA and other Federal civil rights laws require that accessible features be maintained in working order so that they are accessible to and usable by those people they are intended to benefit. Building owners should note that the ASME Safety Code for Elevators and Escalators requires routine maintenance and inspections. Isolated or temporary interruptions in service due to maintenance or repairs may be unavoidable; however, failure to take prompt action to effect repairs could constitute a violation of Federal laws and these requirements.
Advisory 1008.2.6 Ground Surfaces. Ground surfaces must be inspected and maintained regularly to ensure continued compliance with the ASTM F 1951 standard. The type of surface material selected and play area use levels will determine the frequency of inspection and maintenance activities.
405.8 Handrails. Ramp runs with a rise greater than 6 inches (150 mm) shall have handrails complying with 505.EXCEPTION: Within employee work areas, handrails shall not be required where ramps that are part of common use circulation paths are designed to permit the installation of handrails complying with 505. Ramps not subject to the exception to 405.5 shall be designed to maintain a 36 inch (915 mm) minimum clear width when handrails are installed.
From Page 55 Guidance on the 2010 Standard DOJ -
In those cases, it may be the case that the facility has an obligation to meet the alterations or barrier removal requirements
or to maintain accessible features.
This is great Jean, thanks!

Do you know whether an air pump (tire pump) would be required to be readily accessible?
 
This is great Jean, thanks!

Do you know whether an air pump (tire pump) would be required to be readily accessible?
If i was the landlord and you demanded that they make the tire pump accessible, after you complained about a gravel road, i would remove the pump completely.
 
If i was the landlord and you demanded that they make the tire pump accessible, after you complained about a gravel road, i would remove the pump completely.
Lol not what I'm doing! Someone got injured on a big change in level that was by the air pump, and I'm just trying to do some research on it
 
Lol not what I'm doing! Someone got injured on a big change in level that was by the air pump, and I'm just trying to do some research on it
What is your role? Are you a relative of the injured party? Are you involved with the ownership or maintenance of the property?
 
Very Clear In CA

11B-108 Maintenance of Accessible Features
A public accommodation shall maintain in operable working condition those features of facilities and equipment that are required to be accessible to and useable by persons with disabilities. Isolated or temporary interruptions in service or accessibility due to maintenance or repairs shall be permitt
11B-1008.2.6.1 Accessibility
Ground surfaces shall comply with ASTM F1951. Ground surfaces shall be inspected and maintained regularly and frequently to ensure continued compliance with ASTM F1951.
 
According to the US Access Board the vehicle Air and Water conveniece components "Since these are provided for public use, they would need to comply as operable parts (309), like the gas pumps." "section 309.4 of the 2010 Standards exempts gas pump nozzles, but only from the technical requirement for activating force." More...from this link-https://www.ada.gov/gasbrief.htm
The Americans with Disabilities Act (ADA) requires gas stations to provide equal access for their customers with disabilities. If necessary to provide access, stations must —

    • Provide refueling assistance upon the request of an individual with a disability. A service station or convenience store is not required to provide such service at any time that it is operating on a remote control basis with a single employee, but is encouraged to do so, if feasible.
    • Let customers know (e.g., using signs or notification on or near pumps) that individuals with disabilities can obtain refueling assistance by honking their horn or otherwise signaling an employee). Some stations provide a call button.
photo - close up of button on gas pump with access symbol

A pump may have a button to notify the attendant that assistance is needed.
  • Provide the refueling assistance without any charge beyond the self-serve price, if the customer wants only fuel. The attendant may provide assistance at a self-service pump or at a full-service pump. In either case, the customer must be charged the self-service price.














If you have additional questions concerning the ADA and gas stations, please call the Department of Justice’s ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY) or visit the ADA Business Connection on the ADA web site at ada.gov.

Duplication is encouraged. June 2002
 
If i was the landlord and you demanded that they make the tire pump accessible, after you complained about a gravel road, i would remove the pump completely.
Probably should have started a completely different thread for this question. sorry I did not.
 
Since the Access board is saying that gas nozzle operations is what you would use for vehicle Air and Water dispensing see this link: https://www.access-board.gov/ada/guides/chapter-3-operable-parts/ - Fuel dispensers have an exemption and can be 54" AFF.

Side Reach​


[§308.3]

The range for side reach, like forward reach is 15″ to 48″ if unobstructed. The maximum reach depth for this range is 10″ measured from the available clear floor space.

fuel dispenser icon

Fuel Dispensers​



The operable parts of fuel dispensers located on existing curbs can be up to 54″ high.
 
The issue seems to be a trip and fall no?
As noted and depending on the lease language, the land lord may be responsible for grounds and the tenant for the interior, however as a service station the service offered involves the patrons driving across the exterior surfaces so it may be a negotiable issue.
 
the service offered involves the patrons driving across the exterior surfaces so it may be a negotiable issue.
I think we are now assuming it is a gas station, i don’t think that was ever noted by the OP.

But … going back to the beginning, i think the issue is not the area immediately around the gas pumps (assuming that's what they are) but rather there seems to be a gravel drive that leads to a concrete pad, and the transition from gravel to concrete is rough. Unfortunately, it seems to me the OP is withholding details, trying to phrase the questions in his favor. I think he has a beef with the owner of the property and he is digging deep to find backup for his position.
 
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