Airplane Hanger Condo Accessibility(?)

[mark handler]

Yes ownership of the building is irrelevant

 

[Gene Boecker]

The "private" office issue does not depend on Worthy the ownership is public or private. You can have a private office in publicly owned building.

If it was me I'd either make all the toilet rooms fully accessible or else tell everyone that there are no toilet rooms to be installed.

 

[conarb]

I think it hinges more on what "Private use" vs. "public use" means. For instance I leased a hanger from The Port of Oakland for many years, the procedure would be that if I invited people to go flying for business or pleasure, I'd meet them at the airport gates, use my card to allow all cars through and have the other cars follow me to the hanger. I'd open the big heavy doors and fire up my gas powered tug and pull the airplane out, I would then direct everyone to drive their cars into the hanger, they would then climb up on one high step and board the aircraft over the left wing, as a matter of fact there would be no way to get a wheelchair up and into the airplane, and the luggage compartment would not hold a wheelchair. There was no restroom in the hanger, but had there been one, and after pulling his or her car into the hanger, a passenger wished to use the facility before taking off, does this constitute a "public use"?

 

[mark handler]

I think it hinges more on what "Private use" vs. "public use" means. For instance I leased a hanger from The Port of Oakland for many years, the procedure would be that if I invited people to go flying for business or pleasure, I'd meet them at the airport gates, use my card to allow all cars through and have the other cars follow me to the hanger. I'd open the big heavy doors and fire up my gas powered tug and pull the airplane out, I would then direct everyone to drive their cars into the hanger, they would then climb up on one high step and board the aircraft over the left wing, as a matter of fact there would be no way to get a wheelchair up and into the airplane, and the luggage compartment would not hold a wheelchair. There was no restroom in the hanger, but had there been one, and after pulling his or her car into the hanger, a passenger wished to use the facility before taking off, does this constitute a "public use"?

In this case, private or public, it does not matter, it must be accessible. People Read the ADAAG.

And Conarb, Read the CBC

 

[Glennman CBO]

Very good advice tex!

 

[Gene Boecker]

In this case, private or public, it does not matter, it must be accessible. People Read the ADAAG.And Conarb, Read the CBC

Per 4.1.3 of the current ADAAG:

(11) Toilet Facilities: If toilet rooms are

provided, then each public and common use

toilet room shall comply with 4.22. Other toilet

rooms provided for the use of occupants of

specific spaces (i.e., a private toilet room for

the occupant of a private office) shall be adaptable.

If bathing rooms are provided, then each

public and common use bathroom shall

comply with 4.23. Accessible toilet rooms and

bathing facilities shall be on an accessible

​

route.

 

[brudgers]

I think it hinges more on what "Private use" vs. "public use" means. For instance I leased a hanger from The Port of Oakland for many years, the procedure would be that if I invited people to go flying for business or pleasure, I'd meet them at the airport gates, use my card to allow all cars through and have the other cars follow me to the hanger. I'd open the big heavy doors and fire up my gas powered tug and pull the airplane out, I would then direct everyone to drive their cars into the hanger, they would then climb up on one high step and board the aircraft over the left wing, as a matter of fact there would be no way to get a wheelchair up and into the airplane, and the luggage compartment would not hold a wheelchair. There was no restroom in the hanger, but had there been one, and after pulling his or her car into the hanger, a passenger wished to use the facility before taking off, does this constitute a "public use"?

Not a dwelling or private club?

Then almost certainly a place of public accommodation.

It's not about the users, it's about the building.

 

[Gene Boecker]

I minor point but it would be a Commercial Facility - not a "Public Accommodation"

From the ADA law:

Sec.36.104 Definitions

Commercial facilities means facilities --

(1) Whose operations will affect commerce;

(2) That are intended for nonresidential use by a private entity; and

(3) That are not --

(i) Facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968, as amended (42 U.S.C. 3601 - 3631);

(ii) Aircraft; or

(iii) Railroad locomotives, railroad freight cars, railroad cabooses, commuter or intercity passenger rail cars (including coaches, dining cars, sleeping cars, lounge cars, and food service cars), any other railroad cars described in section 242 of the Act or covered under title II of the Act, or railroad rights-of-way. For purposes of this definition, "rail'' and "railroad'' have the meaning given the term "railroad'' in section 202(e) of the Federal Railroad Safety Act of 1970 (45 U.S.C. 431(e)).



Place of public accommodation means a facility, operated by a private entity, whose operations affect commerce and fall within at least one of the following categories --

(1) An inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of the establishment as the residence of the proprietor;

(2) A restaurant, bar, or other establishment serving food or drink;

(3) A motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

(4) An auditorium, convention center, lecture hall, or other place of public gathering;

(5) A bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(6) A laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(7) A terminal, depot, or other station used for specified public transportation;

(8) A museum, library, gallery, or other place of public display or collection;

(9) A park, zoo, amusement park, or other place of recreation;

(10) A nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

(11) A day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and

(12) A gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

A Public Accommodation is one that allows the public to walk in off the street for the business within. A private hanger is not that. That doesn't diminish the fact that it must comply with Title III as a Commercial Facility since the condo association clearly fits that category since it affects commerce and is not a private residence.

So, in a way, it IS about the users.