I Re-Sealed my Parking Lot and Now I’m not ADA Compliant!August 3, 2017 Commercial Development
Many of our clients are unaware that the routine act of re-sealing and restriping their parking lot necessitates compliance with current American Disabilities Act (ADA) requirements. Yes, “current” ADA requirements!
This is not an issue if their parking lot was already compliant, but many are not due to recent changes in ADA law. Re-striping the lot in the same manner as it was before re-sealing could create a non-compliant situation. New Minnesota ADA requirements went into effect in 2015, allowing existing striping to be grandfathered in, as long as it is left as-is or simply re-striped. Once new pavement is installed or existing pavement is re-sealed, landowners are required to update their parking lot to new ADA requirements. Many property owners and property managers are unaware of this.
I ran across a great example of non-compliance just last week. The property owner did a complete mill and overlay of new asphalt, and it looks great!
However, the ADA parking spaces are no longer compliant with current ADA requirements. It’s easy to see that the parking space is missing an ADA Accessible parking sign on a pole, centered on the parking space. But, it’s harder to notice that the “access aisle” (the protected cross-hatched area) is not vehicle- or van-accessible. The new striping does not allow for a fully protected 8’ wide access aisle. This is non-compliant.
In our second photo below, we have graphically corrected the striping to show how the access aisle should look. Now, both parking spaces depict an 8’-wide access aisle that meet current requirements.
Another Warning: Did Your Parking Lot Painter Stripe Your Lot Correctly?
I have seen several examples where a property manager’s or developer’s site plan doesn’t align with what is actually onsite. Often times, there are extra, or even worse, missing parking spaces! Parking lot painters don’t always stripe according to plan, so it is important to engage the painter and inspect their work to ensure it is in compliance.
What if the Plan is Wrong?
Some asphalt companies and parking lot painters offer to create a plan for you. Unfortunately, those plans are often not ADA compliant from the start.
Before re-sealing or doing a mill and overlay, it is good practice to hire a registered engineer who is knowledgeable and has experience in ADA law to create a plan that will be compliant. Otherwise, the odds are good that something will be wrong or overlooked, requiring unnecessary extra work down the road.
To discuss your site and schedule an ADA assessment, contact us today.