Is store owner required to maintain parking lot

[Genduct]

Probably should have started a completely different thread for this question. sorry I did not.

Seems like 2 questions
#1 Should the area be maintained for safe use as per Codes? Well Of Course, Yes!
#2 Who is the responsible PArty Tenant or Landlord? That has to do withthe Lease And the Code Official needs to get both of them together so the AHJ can cite the Responsible Party

 

[bill1952]

Even if it's the tenant who is responsible by terms of the lease agreement, isn't it up to owner to enforce those terms? Does the building official or ahj enforce the terms of the lease? And is there any way to place a lien on a tenant? I may have missed it in reading codes but it seems "owner or the owner’s authorized agent" was responsible for the building. Was surprised and just trying to understand. Probably why building officials/ahjs seem to have a lawyer available.

 

[Jean Tessmer-HI]

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.

Hi Richard,
How are you doing! Jean T.

 

[e hilton]

, isn't it up to owner to enforce those terms? And is there any way to place a lien on a tenant?

Assume the ahj issues a citation for unsafe condition, and issues it to the owner. If the lease says the tenant shall maintain etc, then the owner sends a formal notice to the tenant that they are in default of the terms of the lease, and per paragraph xx.yy you have 30 days to correct or else the owner shall exercise all provisions in the lease to clear the citation. Which could include locking the doors on day 31.

 

[bill1952]

Assume the ahj issues a citation for unsafe condition, and issues it to the owner. If the lease says the tenant shall maintain etc, then the owner sends a formal notice to the tenant that they are in default of the terms of the lease, and per paragraph xx.yy you have 30 days to correct or else the owner shall exercise all provisions in the lease to clear the citation. Which could include locking the doors on day 31.

That's what I would think, at least the concept of not the timing, and was confused by

That has to do withthe Lease And the Code Official needs to get both of them together so the AHJ can cite the Responsible Party

 

[Genduct]

Even if it's the tenant who is responsible by terms of the lease agreement, isn't it up to owner to enforce those terms? Does the building official or ahj enforce the terms of the lease? And is there any way to place a lien on a tenant? I may have missed it in reading codes but it seems "owner or the owner’s authorized agent" was responsible for the building. Was surprised and just trying to understand. Probably why building officials/ahjs seem to have a lawyer available.

I believe Code Officials have a responibility to cite the RESPONSIBLE PARTY, Not just the Convient Party

 

[e hilton]

That's what I would think, at least the concept of not the timing, and was confused by

“ That has to do withthe Lease And the Code Official needs to get both of them together so the AHJ can cite the Responsible Party”

It’s not the code officials responsibility to track down the tenant and review the lease. His role stops when he cites the property owner, or the person pulling the permit if there is one.

 

[Genduct]

"
It’s not the code officials responsibility to track down the tenant and review the lease. His role stops when he cites the property owner, or the person pulling the permit if there is one.


e hilton is correct BUT I don't think we should be getting ourselves in the middle of Civil Matters.

Also imediatly citing the Owner, although convient, does nothing to enhance our staus as Safety people, only someone who is contributing to the Tax base with Fines to whoever isconvient

So, would it really hurt to go the extra step and prove it is safety and not revenue we are after?

 

[ADAguy]

here the line in the sand is irregular, it "depends" on who the issue is raised by and their authority to resolve it.

 

[Genduct]

I just re read the original message and the thoughtful remarks by others

Seems like I was fixed on the "Issue A Violation remark. It seems like it would be a little heavy handed to issue a violation, it does seem that a formal note (if not a notice) that the height difference of the Blacktop with the gravel base might be a trip hazard and the ENCOURAGE the owner to address it would strike the right balance.

My favorite line is we need to Apply and Not Inflict the Code. The Public's opinion of our Job should be important to us. We should be seen as the Public Safety People that we are

IMHO, Mike