# Number of accessible parking spaces required, unique situation



## khsmith55 (Jan 31, 2018)

Given a 2 story R2 Apartment building (Condos) with 10 units and a underground parking garage, 2006 IBC. The parking garage currently has 27 parking spaces including 1 H/C van accessible space. 20 of the spaces are "assigned" to the condo units and the other 7 are "guest" spaces. The owners would like to sell one of the units, including the H/C van accessible space (deed restricted for the units exclusive use). The problem now becomes that there is no H/C space for "general" use, it is my opinion that an additional H/C van accessible space must be provided, since the existing space is not available for general use. I would like to hear from the group your opinions and possible alternatives to avoid providing an additional H/C van accessible space. Thanks for your help in advance.

Ken


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## mark handler (Jan 31, 2018)

IMO
Yes, you need a guest Accessible Space.


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## VillageInspector (Jan 31, 2018)

I agree that you need a ADA parking space for general use.


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## cda (Jan 31, 2018)

Assigned handicapp??


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## Francis Vineyard (Jan 31, 2018)

Q. If a project having covered multifamily dwellings provides parking garages where there are several individual garages grouped together either in a separate area of the building (such as at one end of the building, or in a detached building), for assignment or rental to residents, are there any requirements for the inside dimensions of these individual parking garages?
A. Yes. These garages would be public and common use space, even though the individual garages may be assigned to a particular dwelling unit. Therefore, at least two percent of the garages should be at least 14' 2 wide and the vehicular door should be at least 10'-0 wide. 

https://www.hud.gov/program_offices/fair_housing_equal_opp/disabilities/fhefhasp


*How does the ADA apply to residential parking?*
Most people will tell you that the Americans with Disabilities Act (ADA) covers government buildings as well as public and commercial accommodations, but generally not private property. The reality is a little bit more complicated; there _are_ residential facilities covered by the ADA, but only if they have areas or spaces open to the public. If a residential facility has a rental office, for instance, or if a high-rise condominium has commercial space on the ground floor, both would be considered “public accommodations” under Title III of the ADA, since they contain areas open to people other than residents and their guests.

Let’s say Building A has one assigned parking spot for each its 30 units, has a leasing office that’s open to the public, and was built after the ADA was enacted and thus was required to be built in compliance. The ADA Standards state:

208.2.3.1 Parking for Residents. Where at least one parking space is provided for each residential dwelling unit, at least one parking space complying with 502 shall be provided for each residential dwelling unit required to provide mobility features complying with 809.2 through 809.4.

208.2.3.2 Additional Parking Spaces for Residents. Where the total number of parking spaces provided for each residential dwelling unit exceeds one parking space per residential dwelling unit, 2 percent, but no fewer than one space, of all the parking spaces not covered by 208.2.3.1 shall comply with 502.

208.2.3.3 Parking for Guests, Employees, and Other Non-Residents. Where parking spaces are provided for persons other than residents, parking shall be provided in accordance with Table 208.2.

[2010 ADA Standards, page 66]

_Note: 502 is the general requirements for parking spaces, such as the width of the access aisle, and the required signage._

So in Building A, the spaces that are assigned to the units designed for accessibility need to be compliant with all the aspects of section 502, which covers general requirements for parking spaces, such as the width of the access aisle, and the required signage.


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## ADAguy (Jan 31, 2018)

Thank you for the clarifications.


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