36 CFR Parts 1190 and 1191 ADA and ABA Accessibility Guidelines - Preamble (Discussion of Comments and Changes)

208 Parking Spaces

Section 208 specifies the minimum number of parking spaces required to be accessible. In general, required access is determined by a sliding scale based on the total number of spaces provided (Table 208.2). This section includes scoping requirements specific to hospital outpatient facilities (208.2.1), rehabilitation facilities and outpatient physical therapy facilities (208.2.2), residential facilities (208.2.3), and van spaces (208.2.4). Changes made in the final rule include:

• removing an exception for "motor pools" (208.1, Exception)
• clarifying scoping, including where multiple parking facilities are provided on a site (208.2)
• clarifying requirements for parking at residential facilities (208.2.3)
• increasing the portion of accessible spaces that accommodate vans (208.2.4)
• relocation of requirements for signage to the scoping section on signs (216.5)

Section 208.1 exempts spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, and vehicular impound where public access lots are provided with accessible passenger loading zones. The proposed rule included in this list a reference to "motor pools," which the Board has removed in the final rule.

Comment. The scoping table in the proposed rule specified the minimum number based on the total number of parking spaces provided in a parking lot. Commenters indicated that this term could be construed as applying only to surface lots, even though the requirement is intended to apply to parking garages and other types of parking structures as well.

Response. The Board has replaced the references to "parking lots" with the term "parking facility," which is more inclusive of the various types of parking covered by this section.

Comment. Persons with disabilities urged an increase in the number of parking spaces required to be accessible. Other commenters, including those representing facility operators, asked for a reduction in this number because existing accessible spaces are believed to be underutilized. Comments also opposed basing scoping on the number of spaces provided at each facility instead of the total number provided on a site, which further serves to inflate the required number of accessible spaces.

Response. Scoping for accessible parking spaces (excluding the portion required to be van accessible) has not been changed in the final rule. A strong difference of opinion exists between those who use such spaces and those who must provide or maintain them. There was no clear consensus among commenters on either side of this issue on an alternative scoping level. Additionally, the final rule preserves the application of scoping on a facility-by-facility basis instead of on the total number provided on a site, consistent with the original ADAAG and the proposed rule. Clarification to this effect that was provided in an advisory note in the proposed rule has been added to the text of the requirement in 208.2.

Parking at Residential Facilities

Parking at residential facilities is addressed in section 208.2.3. Where parking spaces are provided for each dwelling unit, at least one parking space for each accessible dwelling unit is required to be accessible (208.2.3.1). The Board has clarified this provision to apply "where at least one parking space is provided for each dwelling unit." At least 2% of any additional spaces, where provided, are required to be accessible as well (208.2.3.2). The Board has amended requirements for guest parking (208.2.3.3) to include employee spaces, which is consistent with the basic scoping provision applying generally to all facility types in 208.2.

Van Accessible Parking Spaces

Comment. Section 208.2.4 covers van accessible spaces. The proposed rule specified that one of every eight accessible spaces, or fraction thereof, be designed to accommodate vans. Technical specifications for van spaces provide for a wider access aisle to better accommodate lift-equipped vehicles. Many comments considered this number to be wholly insufficient. People with disabilities who use vans reported difficulty finding available van spaces which, when provided, are too often already occupied. Recommended alternate scoping levels varied, though some urged that all accessible spaces be van accessible.

Response. The final rule has been revised to require one van space for every six accessible spaces, or fraction thereof. This change does not increase the total number of parking spaces required to be accessible, but instead increases the portion of such spaces that must be accessible to vans. The Board made this change due to several factors. In addition to the response from commenters, anecdotal information clearly suggests that the use of vans by persons with disabilities is on the rise. In addition, the Board is aware of other entities, such as the State of Maryland, that have responded to this demand for more van spaces by doubling the required number. Another consideration is that van spaces are not designated or reserved exclusively for vans; their use by people who do not drive vans can impact their availability among accessible spaces. The primary difference between van spaces and standard accessible spaces is an additional three feet of aisle width. The technical specifications permit the additional space to be provided in either the aisle or the space. The Board believes that the impact of this change is lessened by technical requirements that allow two accessible spaces, including van spaces, to share the same aisle.

Requirement for Van Spaces in All Types of Facilities

The requirement for van spaces applies to all types of facilities, including those that are the subject of special provisions, such as hospital outpatient facilities (208.2.1), rehabilitation and physical therapy facilities (208.2.2), and residential facilities (208.2.3). In the proposed rule, the reference to rehabilitation and physical outpatient therapy facilities covered in 208.2.2 was inadvertently omitted. This reference has been restored in the final rule.

Location of Accessible Parking Spaces

Section 208.3 specifies the location of accessible parking spaces. This section has been edited to clarify:

• the location of accessible spaces generally (208.3.1
• that an exception allowing van spaces to be clustered applies to "multi-story" parking facilities (208.3.1, Exception 1)
• that "substantially equivalent" or greater access in terms of travel distance, parking fee, and user cost and convenience is the basis upon which accessible spaces can be located in one facility instead of another (208.3.1, Exception 2)
• that accessible parking serving individual residential dwelling units must be located on the shortest accessible route to the units they serve (208.3.2)

Comment. Spaces can be located in other lots where equal or greater access would result in terms of travel distance, user cost, and convenience (208.3.1, Exception 2). Comments requested clarification of the terms "user cost" and "user convenience."

Response. In the final rule, the Board has replaced the reference to "user cost" with "parking fee" which it considered more descriptive. Under this exception, accessible spaces can be located in one parking facility instead of another so long as this does not result in higher parking fees. The Board has clarified the term "user convenience" in a new advisory note.