T.

5/21/92

DJ 202-PL-00014

MAY 26 1992
Allan Davis Associates, Inc.
488 Main Avenue
Norwalk, CT 06851

Dear Mr. Davis:

This letter responds to your correspondence regarding the

application of the Americans with Disabilities Act (ADA) to
parking.

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities with rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA accessibility
standards. However, this technical assistance does not
Harland constitute a legal interpretation of the statute and it is not
binding on the Department.

Section 4.1.2(5)(d) of the ADA Accessibility Guidelines

requires that parking at facilities providing medical care,
e.g., parking for inpatient services, employees, or visitors at
general hospitals, be provided in accordance with the table in
S4.1.2(5)(a). At outpatient units or facilities, whether stand-
alone units or part of a general hospital, 10 percent of the
total number of parking spaces serving such unit or facility must
be accessible. At units or facilities that specialize in
treatment or services for persons with mobility impairments, such
as rehabilitation centers or orthopedic hospitals, 20 percent of
parking spaces must be accessible.

Section 4.1.2(1) of ADAAG requires at least one accessible

route to an accessible building entrance from accessible parking
spaces irrespective of their location on a lot or in a parking
structure. Furthermore, S4.6.3 specifies that parking access
aisles shall be part of an accessible route to the entrance.
Though exterior accessible routes may include "crosswalks at
cc: Records, Chrono, Wodatch, Harland, Russell
udd:Harland.Breen.pak

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-2-

vehicular ways," the definition does not allow the vehicular way
itself to be used as an accessible route. The design options
available in new construction are many and varied, sufficiently
so that the knowledgeable and professional designer can develop a
satisfactory parking layout with little or no increase in overall
size of the lot.

I hope this information is useful to you in complying with

the ADA.

Sincerely,

Philip L. Breen
Special Legal Counsel
Office on the Americans with Disabilities Act

01-00811
ADA ALLAN DAVIS ASSOCIATES, INC. 488 Main Avenue, Norwalk,
Connecticut 06851

January 30, 1992

Assistant Attorney General for Civil Rights

U.S. Department of Justice
Civil Rights Division
Coordination and Review Section
P. O. Box 66118
Washington, DC 20035-6118

Subject: Americans with Disabilities Act

28 CFR Part 36

Dear Sir/Madam:

Our firm serves as parking consultant to hospitals and other

clients and this letter is to seek clarification of the
requirements of Part III of the ADA with respect to the provision
of accessible parking spaces. Two clarifications are sought, and
three problems with the standards which may need early revision of
the text are pointed out.
CLARIFICATIONS

ADA Accessibility Guidelines for Buildings and Facilities

Section 4.1.2(5)(d)

I can find no definition of the term "mobility impairment". This

Section would appear to distinguish between facilities which
provide medical care and other services to the general public and
those which provide medical care and other services for persons
with mobility impairments. May I have your concurrence that
hospitals serving the general public, including outpatient units
of those hospitals, are not covered by the 10 percent accessible
parking space requirement in 4.1.2(5)(d)(i)?

Section 4.3.2(1)

This Section provides that "the accessible route shall, to the

maximum extent feasible, coincide with the route for the general
public". In parking lots and garages, the walking route for the
general public is generally the vehicular aisle. Would you please
confirm that, provided the width, passing space, headroom, surface
texture, slope, changes in level and provisions for egress and
areas of rescue assistance comply with the remainder of Section

Civil Engineering * Traffic Engineering * Parking Studies * Transportation

Planning
Tel.: (203) 849-0898 FAX (203) 849-0355
01-00812
ADA
Assistant Attorney General
for Civil Rights -2- January 30, 1992

4.3, the vehicular travel aisle in a parking lot or garage may

serve as part of an accessible route in compliance with Section
4.3.2(1)?

PROBLEMS REQUIRING RESOLUTION BY CHANGING THE TEXT OF THE

REGULATIONS

Sections 4.1.2(5)(d)(i)&(ii)

These Sections provide for increased percentages of parking spaces

to be accessible at some "facilities providing medical care and
other services for persons with mobility impairments". The problem
with this is that persons with mobility impairments, using the
natural meaning of the expression, who seek medical care and other
services may not be entitled to use accessible spaces. The
regulation makes it more difficult rather than less difficult for
a person whose mobility is temporarily impaired (bad back, broken
leg) or even slightly impaired (not disabled) to obtain the
services provided! It would appear that an illustration of the
kind of facilities intended to be covered by Section 4.1.2(5)(d)
would be helpful, and that a definition of "mobility impairment"
which makes it clear that this includes only disabling impairment
is required. Alternatively, if it is the intent of the regulation,
"persons with disabilities" may be substituted for the phrase
"persons with mobility impairments".

These Sections also require the increased percentage to be applied

to the total number of spaces serving such facilities, not to those
spaces serving patients or clients. Typically, 85 percent of
spaces at such facilities are for staff parking. I suggest the
wording be changed to remove staff parking from this requirement.

Section 4.1.2

Another difficulty appears to lie in the assumption, implicit in

Section 4.1.2, that all parking is part of "Accessible Sites and
Exterior Facilities". References are made to "ground surfaces",
"the particular lot", and "total parking in lot" in this Section.
Section 4.1.3, Accessible Buildings, makes no reference to
provision for parking either in a separate building or integral
with the main building itself. Parking garages are not mentioned.
Is it the intention that parking garages be excluded from the
requirements of the ADA?

01-00813

ADA

Assistant Attorney General

for Civil Rights -3- January 30, 1992
We have several projects pending where the answers to the points
raised above are urgently required. Your early response would be
appreciated.

Yours sincerely,

Allan Davis, President

AD:jmh
95-M-ADA.1

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