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Is store owner required to maintain parking lot

ckc189

Registered User
Joined
Apr 29, 2019
Messages
4
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.
 

ckc189

Registered User
Joined
Apr 29, 2019
Messages
4
Location
florida
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.
 

classicT

Sawhorse
Joined
Aug 2, 2017
Messages
2,026
Location
Washington State
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.
 

e hilton

Bronze Member
Joined
Jul 2, 2014
Messages
2,003
Location
Virginia
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.
 

ckc189

Registered User
Joined
Apr 29, 2019
Messages
4
Location
florida
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
 

Joe.B

Registered User
Joined
Dec 4, 2020
Messages
458
Location
Myrtletown Ca
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.
 

jar546

Chief Cook & Bottlewasher
Joined
Oct 16, 2009
Messages
8,641
Location
Palm Beach County Florida
Most local jurisdictions & counties have property maintenance ordinances in Florida.
If this affects accessibility under the ADA then the DOJ comes into play.
 

bill1952

Sawhorse
Joined
Aug 12, 2021
Messages
427
Location
Clayton NY
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?
 

e hilton

Bronze Member
Joined
Jul 2, 2014
Messages
2,003
Location
Virginia
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.
 
Joined
Jun 7, 2014
Messages
70
Location
Hawaii
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.
 
Joined
Jun 7, 2014
Messages
70
Location
Hawaii
FYI - 36.211 Maintenance of accessible features is from the-Title III Regulations Revised Final Title III Regulation with Integrated Text
 

ADAguy

Sawhorse
Joined
Sep 11, 2013
Messages
6,070
Location
California
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
 
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