Top 5 ADA Violations in Your Parking LotPosted on July 31, 2018 by Rafael Cantillo
During 2017 the California Commission on Disability Access (CCDA) received 2,365 construction-related physical access complaints. Additionally, lawyers reported sending 1,461 pre-litigation demand letters to those who allegedly violated CCDA requirements. More than 10,000 construction-related physical violations were alleged in the combined complaints and pre-litigation letters.
Hopefully, none of the complaints named you or your property and you didn't receive a demand letter. If you were named, however, it is likely that you committed one of the top 10 violations listed in the CCDA's 2017 Annual Report to the Legislature. The CCDA breaks down the construction violations into six categories:
- Toilet Rooms and Bathrooms
- Accessible Route and Entry
- Access within Public Facility
- Equipment within Public Facility
- General Alleged Violations
According to the report the top 10 violations totaled 72% of the total 10,608 alleged violations that were reported to the CCDA in 2017. Further, 81% of those top 10 violations were composed of Parking (51%) and Accessible Route and Entry (30%) violations. The violations that were ranked in the number one and number two spot, respectively, were:
- Failure to meet minimum number of parking spaces (17%)
- Ramps are non-compliant or non-existent (10%)
The following list of the Top 5 ADA Violations in Your Parking Lot offers an explanation of each violation and the range of cost for associated repairs. The intention of this list is to give you or those who manage your property a strategy for completing repairs that are related to federal and state codes concerning handicapped access.
1. Parking lot does not contain the minimum number of accessible parking spaces.
Paved parking areas come in different sizes, each with a different number of total parking stalls. The ADA requires that you have a certain number of handicap parking spaces based on your total number of parking stalls. If you don't have the right number of stalls, you are in violation of the code. Converting regular stalls to handicap stalls typically requires some asphalt work for grade correction, concrete work for a handicap ramp, signage, striping, and truncated domes. Use Google Earth to count your stalls and find the correct number of handicap spaces on the following chart:
The cost to repair a single location varies greatly based on the number of stalls you need, but expect to spend at least $1500, but you may find yourself spending up to $10,000.
2. Curb ramps or entrance ramps are non-compliant or non-existent.
You are required to have ramps that lead from your parking area to the sidewalk or entrance to your business. If you do not have ramps, your ramps are too steep, or they are missing truncated domes, handrails, and/or grooved borders, you are in violation of code.
The cost for these repairs vary greatly based on whether or not you need to build new ramps or fix existing ramps. Demolition of old ramps and the forming and pouring of new ramps significantly adds to the cost. You may only need to add some truncated domes and handrails, which is much less expensive. Expect to spend anywhere between $450 and $10,000.
3. The existing parking spaces are not compliant.
This violation is basically a catch-all for non-compliant spaces, so it may mean several things. Generally speaking, it refers to handicap stalls that were painted wrong, painted in the wrong location, or the parking spot is too steep. The slope cannot exceed more than 2% in handicap parking spaces.
Like previously discussed ADA repairs, the cost to make your parking spaces compliant vary greatly. If you only need to paint, you won't need to plan on breaking the bank. If you require the asphalt construction that is needed to fix the slope of your stalls, you may do some damage to your checkbook. Expect to spend between $450 and $4500.
4. Routes to and from the parking lot or public right-of-way are not accessible.
You are required to provide disabled persons the most practical, direct, and accessible route to all entrances and exterior ground level exists. This includes incorporating things like pedestrian ramps, walks, and sidewalks.
The cost for these repairs vary greatly based on the number of entrances and exits you have and what specifically you need to do to bring your property to code. Simple repairs such as adding truncated domes or painting the handicap accessible route won't cost too much. If you need to fix or add ramps, or pour a sidewalk, your cost will significantly increase. Expect to spend anywhere between $800 and $4,500.
5. Van-accessible parking, van access aisles and/or loading zones are non-compliant or non-existent.
A loading zone is the cross-hatched painted area found next to a handicap accessible parking space, or between two accessible spaces. Additionally, you are required to have at least one van-accessible parking space. Additional spaces are required at the rate of one van-accessible space for every eight accessible spaces. If you have received this violation it typically means that your access aisle is painted wrong, in the wrong location, you have no van-accessible spaces, or the slope of the space is too steep, which means it exceeds 2%.
The cost for these repairs vary greatly based on whether or not you need to repaint or fix the slope of your van-accessible parking areas. Repainting is fairly inexpensive, but asphalt overlays to correct slope percentage violations will cost you more. Expect to spend anywhere between $550 and $10,000. Disability laws change regularly, which is a great thing for those who struggle with a handicap, but at the same time puts an obligation on property owners to keep up with these changing codes.
Regardless of the number of properties that you own or manage, you can save yourself the time and trouble of a violation or court visit by making repairs or changes as soon as possible. At Empire we strive to offer a full-service customer experience that offers practical and intelligent solutions at a reasonable price. Contact us today with any questions about ADA repairs or upgrades to make or keep you compliant with code.