We provide a turnkey solution to your parking facility ADA compliance issues including stenciling and striping; stripe and stencil removal; new signage; sign removal; and sign relocation and installation.
Compliance with ADA Accessibility Code in Minnesota is no joke. Just ask those who have been called out for non-compliance and threatened with litigation. It is not fun. You might be surprised how simple and inexpensive it is to comply and put the issue behind you. We can help you develop a cost effective solution.
Overview of the History of ADA Accessibility Code as it Pertains to Parking Facilities in Minnesota
Most accessible parking spaces created prior to July 2007 were allowed to have access aisles only 5 feet wide with the exception of Van Accessible parking spaces which required access aisles that were 8 feet wide. In 2007 the code changed to require 8-foot access aisles in all new and reconfigured disability parking spaces. Technically, accessible parking areas with 5 foot access aisles that had not been sealcoated, resurfaced, or reconfigured in any way could be re-painted with 5-foot access aisles, however, in January of 2015 the Minnesota State Building Code, Chapter 1341 was updated with the following language regarding mandatory compliance as it pertains to striping:
"Restriping. Renewing existing parking striping shall be allowed. New striping, due to sealcoating, resurfacing, reconfiguration of parking spaces, or other reason, shall provide accessible spaces in compliance with sections 1106.1 to 1106.7.
If you own or operate a parking lot that is out of compliance with updated codes, the Minnesota State Council on Disability encourages you to update your accessible parking areas."
Minnesota State Council on Disability
Disability Parking Quick Reference Design Guide Link
Who must comply?
Places of Public Accommodation
What is a Place of Public Accommodation?
A place of public accommodation is a facility whose operations affect commerce and fall within at least one of the following 12 categories:
1) Places of lodging (e.g., inns, hotels, motels)
2) Establishments serving food or drink (e.g., restaurants and bars)
3) Places of exhibition or entertainment (e.g., movie theaters, concert halls, stadiums)
4) Places of public gathering (e.g., auditoriums, convention centers, lecture halls)
5) Sales or rental establishments (e.g., grocery stores, hardware stores, shopping centers)
6) Service establishments (e.g., dry cleaners, banks, travel services, funeral parlors, gas stations, etc.)
7) Public Transportation terminals, depots or stations
8) Places of public display or collection (e.g., museums, libraries, galleries)
9) Places of recreation (e.g., parks, zoos, amusement parks)
10) Places of education (e.g., nursery schools, elementary, secondary and higher education private schools)
11) Social service center establishments (e.g., day care centers, homeless shelters, food banks, etc.)
12) Places of exercise or recreation (e.g., gyms, spas, bowling alleys, golf courses)
The Minnesota Council on Disability statement that, “Compliance with the code not only minimizes risks of complaints and litigation but it’s good business!” is very true. There is a cost to compliance because the stall layout must be changed and consequently signs have to be relocated, resulting in additional one-time expenses and the loss of parking spaces.
It is much easier for us to ignore the issue of ADA compliance as it pertains to re-striping a parking lot when it is installed, resurfaced, re-striped after sealcoating or just re-striped and we do not require that you comply but we strongly suggest it. In most cases the costs are not as great as first thought. If curb cuts and ramps must be installed the process can be more costly but that is where the issue of ‘Readily Achievable Barrier Removal’ comes in. Determination of whether the removal of a barrier is ‘Readily Achievable’ is important. Readily achievable means “easily accomplishable and able to be carried out without much difficulty or expense.” Examples of readily achievable barrier removal as they pertain to a parking area include:
Mandated compliance also depends on the resources of the entity to comply. No matter what stage your business is at in complying with the current regulations, it is a good idea to have a compliance plan in place and a budget to execute it.
Federal Government Assistance
To assist businesses to comply with the ADA, the Internal Revenue Service (IRS) Code includes a Disabled Access Credit (Section 44) for businesses with 30 or fewer full-time employees or with total revenues of $1 million or less in the previous tax year.
Section 190 of the IRS Code provides a tax deduction for businesses of all sizes for costs incurred in removing architectural barriers in existing facilities or alterations. The maximum deduction is $15,000 per year.
Readily Achievable Barrier Removal PowerPoint
Margot Imdieke Cross Removal Accessibility Specialist email@example.com and David Fenley ADA/Access Coordinator firstname.lastname@example.org 651.361.7800 (v/tty) 1.800.945.8913 (v/tty)
City of Minneapolis Parking Lot Code
- We do not report a non-complying parking lot to any regulatory authority unless required to do so and at this point we are not aware of any authority that does so. We highly recommend that our clients have us perform our services to comply with the regulation. We will stripe to our clients’ specifications and are not liable for any violations of the regulation should the customer be sued for non-compliance.
- We work with many very professional paving, masonry, sealcoating and sweeping contractors who work with their clients to make sure the work they do is compliant with current ADA regulations and can recommend their services to you.
- We can take care of simple compliance issues and recommend a solution in sketch form. We can arrange for CAD drawings if they are required for the local government approval process. Our larger clients will generally go to the source of the original, facility, site plan to have the plan revised to comply with current ADA regulations and provide it to us upon final approval.