I need help! RE: Handicap parking

[WillParkinson]

I had to go to a meeting at work a few minutes ago (nothing I did wrong, just an update for the handbook, everyone needed to be there).

After the meeting I talked with the director of HR about my concern regarding the bellmen parking cars in the handicap stalls that are not handicapped guests.

She told me that it was her understanding that we are required, by law, to have a certain number of spaces available for handicapped parking. If we exceed those spaces then the spaces that we exceed that number by CAN be used.

So: If we're required to have 6 spaces and we have 10 the difference of 4 can be used for other purposes even if there is a sign designating them as handicapped.

I want this taken care of. If anyone can point me in a direction for laws regarding handicapped parking (Wisconsin if it's not covered by federal statutes) please let me know.

Thank you!

[nini]

1. bullshit

if they're painted for handicapped use they're for hanicapped use.

sorry I don't have a link to the law.. but try arguing that with a cop that gives you a ticket.

[catmandu57]

2. That's what I say BULLSHIT

BULLFUCKINGSHIT.

[underpants]

6. That appears to be the concensus here

see Cotton bear's post below.

Handicapped is for handicapped only...parking anyway.

[WCGreen]

3. Tell her she will find out if a handicap person comes in

and there is someone else in the parking space designated....

[colinmom71]

4. I also call bullshit....

Here's the federal ADA regulations on handicapped parking - http://www.access-board.gov/adaag/html/adaag.htm#4.1 (scroll down to 4.1.2 for a chart showing the actual minimums)

Now, keep in mind this is the federal legislation. The states each have the reserved powers to go beyond the minimum accessibility guidelines set forth by the ADA. I can't answer for your state, but I highly doubt that any state level legislation designed to go above and beyond ADA requirements would have a proviso that allows for clearly designated handicapped parking to be used by unpermitted vehicles. I'd recommend Googling through your state's own accessibility regulations legislation to get the accurate answer though, or maybe calling your local or state DOT for clarification on your co-workers assertion.

If your building is running short on parking, it may be in management's better interest to re-examine it's parking facilities and perhaps reduce the unneeded and non-required numbers of handicapped spaces... But as far as I understand, while a spot is designated as handicapped (via signage, paint, etc.), it cannot lawfully be used for other purposes per the ADA...

Hope this helps.

[CottonBear]

5. ADA is a federal law. Your local planning department or code enforcement

office can advise you. No one can park in a handicap space if they don't have a handicap permit. I am a site designer. I design handicap spaces and accessible routes to buildings and facilities.
ADA is the law.

http://www.usdoj.gov/crt/ada/adahom1.htm

edit: They only need one van-accessible space for the first 25 spaces. Maybe they don't need so many spaces? Maybe the city or county required more spaces as a condition of zoning or permit?

See ADA section 4.1.2 for parking requirements:

4.1.2 Accessible Sites and Exterior Facilities: New Construction. An accessible site shall meet the following minimum requirements:


(1) At least one accessible route complying with 4.3 shall be provided within the boundary of the site from public transportation stops, accessible parking spaces, passenger loading zones if provided, and public streets or sidewalks, to an accessible building entrance.


(2) At least one accessible route complying with 4.3 shall connect accessible buildings, accessible facilities, accessible elements, and accessible spaces that are on the same site.


(3) All objects that protrude from surfaces or posts into circulation paths shall comply with 4.4.


(4) Ground surfaces along accessible routes and in accessible spaces shall comply with 4.5.


(5) (a) If parking spaces are provided for self-parking by employees or visitors, or both, then accessible spaces complying with 4.6 shall be provided in each such parking area in conformance with the table below. Spaces required by the table need not be provided in the particular lot. They may be provided in a different location if equivalent or greater accessibility, in terms of distance from an accessible entrance, cost and convenience is ensured.


Total Parking in Lot Required Minimum Number of Accessible Spaces
1 to 25
26 to 50
51 to 75
76 to 100
101 to 150
151 to 200
201 to 300
301 to 400
401 to 500
501 to 1000
1001 and over 1
2
3
4
5
6
7
8
9
2 percent of total
20, plus 1 for each 100 over 1000



Except as provided in (b), access aisles adjacent to accessible spaces shall be 60 in (1525 mm) wide minimum.


(b) One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 in (2440 mm) wide minimum and shall be designated "van accessible" as required by 4.6.4. The vertical clearance at such spaces shall comply with 4.6.5. All such spaces may be grouped on one level of a parking structure.


EXCEPTION: Provision of all required parking spaces in conformance with "Universal Parking Design" (see appendix A4.6.3) is permitted.


(c) If passenger loading zones are provided, then at least one passenger loading zone shall comply with 4.6.6.


(d) At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with 4.6 shall be provided in accordance with 4.1.2(5)(a) except as follows:


(i) Outpatient units and facilities: 10 percent of the total number of parking spaces provided serving each such outpatient unit or facility;


(ii) Units and facilities that specialize in treatment or services for persons with mobility impairments: 20 percent of the total number of parking spaces provided serving each such unit or facility.


(e)* Valet parking: Valet parking facilities shall provide a passenger loading zone complying with 4.6.6 located on an accessible route to the entrance of the facility. Paragraphs 5(a), 5(b), and 5(d) of this section do not apply to valet parking facilities.


(6) If toilet facilities are provided on a site, then each such public or common use toilet facility shall comply with 4.22. If bathing facilities are provided on a site, then each such public or common use bathing facility shall comply with 4.23.


For single user portable toilet or bathing units clustered at a single location, at least 5% but no less than one toilet unit or bathing unit complying with 4.22 or 4.23 shall be installed at each cluster whenever typical inaccessible units are provided.

Accessible units shall be identified by the International Symbol of Accessibility.


EXCEPTION: Portable toilet units at construction sites used exclusively by construction personnel are not required to comply with 4.1.2(6).


(7) Building Signage. Signs which designate permanent rooms and spaces shall comply with 4.30.1, 4.30.4, 4.30.5 and 4.30.6. Other signs which provide direction to, or information about, functional spaces of the building shall comply with 4.30.1, 4.30.2, 4.30.3, and 4.30.5. Elements and spaces of accessible facilities which shall be identified by the International Symbol of Accessibility and which shall comply with 4.30.7 are:


(a) Parking spaces designated as reserved for individuals with disabilities;


(b) Accessible passenger loading zones;


(c) Accessible entrances when not all are accessible (inaccessible entrances shall have directional signage to indicate the route to the nearest accessible entrance);


(d) Accessible toilet and bathing facilities when not all are accessible.

[rustydog]

7. In our state the law is: Handicapped stalls can be used by

people with state-issued handicapped parking permits or license plates.
This is IF the parking stall is designated by a handicap parking sing ON A~POST.
If the handicap sign is painted on the ground, it won't be ticketed by police.
Police and ticket unauthorized vehicles on private property with state handicap signs on the parking space.