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 standalone 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 01-00810 -2vehicular 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


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 -2January 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 -3January 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