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Handicap Parking Spaces

J

joetheinspector

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Jan 1, 2010
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We are a municipality that has adopted the 2009 IBC, 2009 IEBC, ICC/ANSI A117.1 2003 (we do not have authority to enforce ADA)

A restaurant closed down about ten years ago. Now someone is opening a restaurant on the same property in the same building. I cannot find anything in the code that requires the handicap parking be brought up to current code or repainted or handicap parking be installed.

Question: Is there anything in the codes that would require handicap parking spaces be brought up to code, added or be restriped.


Also the same question for an Assembly building empty for a couple of years now reopening as an Assembly occupancy.
 
If there is no compliant accessible parking then you might use this approach. "Welfare" of the public is a subjective term, just be consistent when applying it


102.6 Existing structures.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code , or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

1106.1 Required.
Where parking is provided, accessible parking spaces shall be provided in compliance with Table 1106.1, except as required by Sections 1106.2 through 1106.4. Where more than one parking facility is provided on a site , the number of parking spaces required to be accessible shall be calculated separately for each parking facility.


1106.6 Location.
Accessible parking spaces shall be located on the shortest accessible route of travel from adjacent parking to an accessible building entrance. In parking facilities that do not serve a particular building, accessible parking spaces shall be located on the shortest route to an accessible pedestrian entrance to the parking facility. Where buildings have multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located near the accessible entrances.
 
3411.7 Alterations affecting an area containing a primary function. Where an alteration affects the accessibility to, or contains an area of primary function, the route to the primary
function area shall be accessible. The accessible route to the primary function area shall include toilet facilities or drinking fountains serving the area of primary function.
Exceptions:
1. The costs of providing the accessible route are not required to exceed 20 percent of the costs of the alterations affecting the area of primary function.
2. This provision does not apply to alterations limited solely to windows, hardware, operating controls, electrical outlets and signs.
3. This provision does not apply to alterations limited solely to mechanical systems, electrical systems, installation or alteration of fire protection systems and abatement of hazardous materials.
4. This provision does not apply to alterations undertaken for the primary purpose of increasing the accessibility of an existing building, facility or element.

There are some who would argue that the accessible route starts at the site arrival point (parking lot) and it would need to upgraded at some point....I can't force you to start there, but you are not getting a C of O without 20% spent or 100% compliance...
 
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A very minimum amount of work is being done. Closed down restaurant is being reopened as a restaurant basically some layout.
 
Even if no work were being performed, as a business offering services to the public and even though you don't require retroactive upgrades if no work is performed, DOJ/ADA does and it will only be a matter of time until they are sued for non-compliance.
 
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I hate it when they have an assessable parking space in an unpaved lot. The markings never last long. I know the I-codes don't require paving. Do the codes require paving it in your area?
 
Firm, stable, and slip-resistant. Dirt would not comply. Gravel would not comply. Paved would comply and the slopes need to be correct at ADA stalls and accessible route.
 
We allow them to use modified gravel. Tamped down it is very firm and stable. But still the paint doesn't last. I am only responsible of how it looks at the time of the inspection.
 
Yes. But the danger is the upkeep which your AHJ doesn't claim any responsibility for. Walking on gravel displaces the gravel (not to mention some people's driving) and it only takes 1/2" of irregularity to cause an ADA-related lawsuit. I would not allow it for accessible routes and such.

On every ADA-related lawsuit that I've ever been privy to, it all started with the lawyer sending "scouts" through the parking lots looking for somebody poor soul to sue. It all begins in the parking lot...goes downhill from there (no pun intended).

Your administration may not be doing the public any great service by allowing that; some if not most AHJs will not allow it.
 
https://www.access-board.gov/guidel...standards/chapter-3-floor-and-ground-surfaces
United States Access Board
Ground Surfaces
3gf3.jpg

Firmness, Stability, and Slip Resistance [§302.1]
Accessible floor and ground surfaces must be stable, firm, and slip resistant. Stable surfaces resist movement, while firm surfaces resist deformation by applied forces. Accessible surfaces remain unchanged by external forces, objects, or materials.
Most loose materials, including gravel will not meet these requirements unless properly treated to provide sufficient surface integrity and resilience. Binders, consolidants, compaction, and grid forms may enable some of these materials to perform satisfactorily but require repeated maintenance.
 
Firm, level, stable, that is the definition of paved. So they said it in a roundabout way. Why they didn't use the term "paved" I don't know as I'm not on the access board and I didn't write the actual language. If I ever get appointed by the President then I will try to use the actual word "paved."

How long will it take - before just one of those stones in the picture above becomes displaced?
 
Filthy McNasty said:
How long will it take - before just one of those stones in the picture above becomes displaced?
Click to expand...
You cannot tell from "The Picture" But the stones could be set in a concrete base and could be sealed with clear epoxy?
The issue is maintenance....long term maintenance. Most installers want to get in,
make their money and get out. Job security for the next guy.
 
That seems like more work. Also, with epoxy you run into problems with "slip-resistant." I did a restaurant in an area that gets a lot of rain and they had a rooftop deck, sealed it all with epoxy. Guess what? When it rained that thing was slippery like ice. That is an issue.
 
Tar & gravel (AKA surface treatment, chip-and-seal, etc.) should be adequate if well rolled. Hot mix or concrete isn't necessary.
 
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