# Sidewalk  Clear  Width



## globe trekker (Jul 11, 2011)

I have an existing mini-strip building with tenants occupying each tenant space.

One of the tenants has a consignment type business and regulalrly displays

"stuff" for sale, out on the sidewalk. Most of the time, this "stuff" blocks

the sidewalk & the associated pedestrian traffic.

*QUESTION:* Is there a minimum clear width for sidewalks that must be

maintained at all times, regardless of the "stuff" that may be stored there?

Maybe Section 1104.3 from the `06 IBC? What is the minimum

dimension required, if any?

Thanks ya'll !

.


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## mark handler (Jul 11, 2011)

2010 ADAAG and ANSI 117

403.5.1 Clear Width. Except as provided in 403.5.2 and 403.5.3, the clear width of walking surfaces shall be 36 inches minimum.

EXCEPTION: The clear width shall be permitted to be reduced to 32 inches minimum for a length of 24 inches maximum provided that reduced width segments are separated by segments that are 48 inches long minimum and 36 inches wide minimum.







IBC

 Aisles: 36 inches for B and M occupancies (Section 1014.4.1), and 23 to 48 inches in A occupancies (Section 1025.9.1)

 Corridors: 44 inches in accordance with Section 1017.2 if occupant load is greater than 49; 36 inches otherwise.

 Exit Passageways: 44 inches in accordance with Section 1021.2 if occupant load is greater than 49; 36 inches otherwise.

 Egress Courts: 44 inches in accordance with Section 1024.5.1.


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## RJJ (Jul 11, 2011)

I would agree that Mark has included the main points.


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## mark handler (Jul 11, 2011)

Is it an accessible Path of Travel?

Is there another accessible POT?


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## globe trekker (Jul 12, 2011)

I would consider it an APOT ( Accessible Path of Travel ), because someone

who is in a wheel chair, or on crutches would have to navigate around the

"stuff" onto adjacent surfaces ( i.e. - in this case. parking lanes ), off of

the existing sidewalk.     FWIW, we have NOT adopted the ANSI A117

code, ...yet!

This one particular business owner has been repeatedly notified by

our office to move or remove her "stuff" from the sidewalk area,

and we regularly receive complaints from the citizenry.

There is not another APOT [ in this case ] available.  ADA citizens would

have to navigate through the parking lot, rather than the current sidewalk.

.


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## Builder Bob (Jul 12, 2011)

This issue is more likely a zoning issue as I am almost positive that the propoerty line stops at the storefront.


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## steveray (Jul 13, 2011)

Maybe talk to your FM and see if they can cite them for maintenence of egress...Sprinklers required? Provided? Roof over this area?  Or Mark can probably call the DOJ for you.....


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## Examiner (Jul 13, 2011)

Hummm, Mark can call the DOJ?  Maybe he can tell them that the new menu screens mounted on walls adjacent to the walkway in the dining room and order line for WENDY'S are protruding objects in violation of the ADA and Buidling Code Sections.  The Wendy's corporate office and local BO have ignored my emails citing Chapter and Verse of the Codes regarding protruding objects.


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## mark handler (Jul 13, 2011)

Examiner said:
			
		

> Hummm, Mark can call the DOJ?  Maybe he can tell them that the new menu screens mounted on walls adjacent to the walkway in the dining room and order line for WENDY'S are protruding objects in violation of the ADA and Buidling Code Sections.  The Wendy's corporate office and local BO have ignored my emails citing Chapter and Verse of the Codes regarding protruding objects.


 Information about the Department of Justice ADA Mediation Program

How to File Complaints

Complaints about violations of title I (employment) by units of State and local government or by private employers should be filed with the Equal Employment Opportunity Commission. Call 800 - 669 - 4000 (voice) or 800 - 669 - 6820 (TTY) to reach the field office in your area.

Complaints about violations of title II by units of State and local government or violations of title III by public accommodations and commercial facilities (private businesses and non - profit service providers) should be filed with the Department of Justice.

Title II complaint form http://www.ada.gov/publicat.htm#Anchor-TitleII-47857

Instructions for filing a Title III complaint http://www.ada.gov/publicat.htm#Anchor-TitleIII-11481

Please send complaints to:

U.S. Department of Justice

Civil Rights Division

950 Pennsylvania Avenue, NW

Disability Rights Section - NYAV

Washington, DC 20530

You may also call the ADA Information Line  http://www.ada.gov/infoline.htm   to ask about filing a complaint with the Department of Justice and to order forms that can assist you in providing information about the violation.


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## steveray (Jul 13, 2011)

Examiner said:
			
		

> Hummm, Mark can call the DOJ?  Maybe he can tell them that the new menu screens mounted on walls adjacent to the walkway in the dining room and order line for WENDY'S are protruding objects in violation of the ADA and Buidling Code Sections.  The Wendy's corporate office and local BO have ignored my emails citing Chapter and Verse of the Codes regarding protruding objects.


I have been fighting that fight alot lately....usually at plan review, hopefully before people have to rip stuff out...had a contractor recently bash in(with a hammer) stainless paper towel dispensers in an Aspen dental facility, because they stuck out too far...


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## Alias (Jul 13, 2011)

I'll agree with Mark on this one.  It is blocking the APOT.

Our biggest threat enforcement-wise is that we'll pull the business license. It works in most cases.


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## globe trekker (Jul 13, 2011)

To all,

Thanks for your input !

I think that it is an APOT as well, and because it is, our AHJ cannot enforce

anything on it. As I mentioned in the OP, we have not adopted the ANSI

A117 yet, and the DOJ Crime Squad would be the enforcing authority, ...right?

Sue,

Under what code or standard would you use the option to remove their business

license? Do ya'll have some type of language adopted to allow the removal of

their license if they "don't play nice"?  

.


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## mark handler (Jul 13, 2011)

globe trekker said:
			
		

> To all,Thanks for your input !
> 
> I think that it is an APOT as well, and because it is, our AHJ cannot enforce
> 
> ...


*Not true that you have no authority, If you look at my first post, I give chapter 10 cit's you or the fire department can enforce. you needa 36" min Sidewalk*


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## Alias (Jul 13, 2011)

globe trekker said:
			
		

> Sue,
> 
> Under what code or standard would you use the option to remove their business
> 
> ...


There is a section in our municipal code that requires all businesses operating within the city limits to have a business license.   I use the city's code that pertains to nuisances for enforcement.  It is broad and vague, allowing a lot of leeway for interpretation.  Don't follow the code, your city license gets pulled until compliance.


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