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ADA Title III: parking requirements.

Accessible parking is required for places of public accommodation (business establishments) under Title III of the Americans With Disabilities Act (ADA). Existing facilities must remove barriers after January 26, 1992. This includes providing accessible parking, if it is available for other employees or visitors. New facilities first occupied after January 26, 1993, that have parking for employees and visitors shall also offer accessible parking.

The standards for accessible parking are those from the Americans With Disabilities Act Accessibility Guidelines (ADAAG), published in the Federal Register/Vol.56, No. 144/July 26, 1991. If parking spaces do not conform to federal standards, the date on which they will conform should be in a written implementation plan. If appropriately designed and executed, the plan could serve as evidence of a good-faith effort to comply. The owner of the building in which a public accommodation is located and the tenant who owns or operates the public accommodation are both responsible for compliance with Title III.

Shown on this page and the following page are the minimum federal requirements for dimensions and number of accessible-parking spaces. Your state may have more-stringent regulations. For information about your state's requirements, call the Disability and Business Technical Assistance Center, (800) 949-4232, or a local independent-living center.

Accessible parking should be conveniently located near a main accessible building entrance, via an accessible route. In buildings with multiple accessible entrances with adjacent parking, accessible-parking spaces shall be dispersed and located closest to the accessible entrances. Parking spaces must be a minimum 8' wide and have a 5' access aisle next to the space.

Signs reserving each space must display the international access symbol. The signs must be displayed in an area where they are not hidden from view by vehicles. Any necessary curb ramps must provide access to the accessible route.

ADAAG specifies two standards for parking spaces: the traditional, accessible parking space that is 8' wide, with a 5' access aisle; and the Universal Parking Space, which is 11' wide and has a 5' access aisle. ADAAG also specifies the required dimensions for van spaces: 8' wide, with an 8' access aisle.

Providing accessible parking and the necessary curb cuts is considered "barrier removal" and will qualify for federal tax incentives. For small business (less than $1 million in gross receipts per year or no more than 30 fulltime employees) there is a tax credit under Section 44 of the IRS Code. Larger businesses are allowed a tax deduction for barrier removal under Section 190 of the IRS Code. Consult your federal tax code.

For a free copy of the ADAAG, contact the Architectural and Transportation Barriers Compliance Board, 1331 F Street, NW, Suite 1000, Washington, DC 20004-1111. (800) USA-ABLE (voice/TDD).

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Title Annotation:Washington Scene; In Depth
Author:Daley, Rich
Publication:PN - Paraplegia News
Date:Jan 1, 1993
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