Please look at the photo on the right. What you are looking at is an Americans with Disabilities Act (ADA) accessible parking space and access aisle in a office mall in Blufton, SC. In the background are offices including some for law firms. What’s wrong?
HINT: Access aisles must be level.
Look at the access aisle on the right. Every accessible parking space should have an access aisle that is mostly level and at the same elevation as the accessible parking space. The photo below is a closeup of the access aisle. At the far end is a curb ramp that projects into the access aisle and connects to the sidewalk that leads to the offices for the law firms. The run slope of the curb ramp exceeds 5%.
Access aisle with curb ramp extending into the aisle.
2010 ADA Standard 502.4, [Parking Spaces] Floor or Ground Surfaces, states, “Parking spaces and access aisles serving them shall comply with 302. Access aisles shall be at the same level as the parking spaces they serve. Changes in level are not permitted. EXCEPTION: Slopes not steeper than 1:48 [2.08%] shall be permitted.” In other words, access aisles and accessible parking spaces must be mostly level in all directions, and the parking space and access aisle must be at the same level, or elevation, for the full length of the parking space.
2010 ADA Standard 502.2, [Parking Spaces] Vehicle Spaces, states, “Car parking spaces shall be 96 inches (2440 mm) wide minimum and van parking spaces shall be 132 inches (3350 mm) wide minimum, shall be marked to define the width, and shall have an adjacent access aisle complying with [Standard] 502.3.” The diagram below is representative of an ADA access aisle and an accessible parking space.
2010 ADA Advisory 502.4, [Parking Spaces] Floor or Ground Surfaces, states, “Access aisles are required to be nearly level in all directions to provide a surface for wheelchair transfer to and from vehicles. The exception allows sufficient slope for drainage. Built-up curb ramps are not permitted to project into access aisles and parking spaces because they would create slopes greater than 1:48.” The 1991 ADA Standards for this requirement are similar.
Finally, I mentioned above that there are law offices in the office space near this parking space and access aisle that are intended to be accessible, or compliant with the ADA Standards. At least one of these attorneys is known to work on cases involving the ADA. Surely they must realize this space, the closest accessible parking to their offices, is in violation of the ADA Standards. Remember, whether a space is owned or leased by the occupant, responsibility is shared equally by owner and tenant when it comes to ADA compliance.
SUMMARY: Accessible parking spaces and access aisles must be mostly level and at the same level/elevation for the full length of the space. Curb ramps are not allowed to project into the accessible parking space or access aisle. Tenants and owners of Title II and III facilities share responsibility for ADA compliance.
ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.