In a shopping center, where is the shortest accessible route to an entrance?

This design guideline comes from the ADAAG; Final Rule, published July 23, 2004, with an effective date of September 21, 2004.  ACCESS uses ADAAG; Final Rule Section 208.3.1:

208 Parking Spaces.

208.3 Location.

208.3.1 General.

“Parking spaces complying with 502 that serve a particular building or facility shall be located on the shortest accessible route from parking to an entrance complying with 206.4.  Where parking serves more than one accessible entrance, parking spaces complying with 502 shall be dispersed and located on the shortest accessible route to the accessible entrances.”

Shopping centers could be small strip centers with 50 parking spaces, or large shopping centers with 2,000 or more parking spaces.  Some shopping centers will have a fire lane along the sidewalk in front of the stores.  Some shopping centers will have parking along the sidewalk in front of the stores – this is where the accessible parking must be located to comply with 208.3.1, in the opinion of ACCESS.  The logic behind that opinion by ACCESS is that the distance from the parking space to the entrance is the same for both the general public and one who is handicapped.  Therefore, there is no discrimination based upon the Americans with Disabilities Act Section 36.202(b).

Title III Nondiscrimination on the basis of Disability by Public Accommodations and in Commercial Facilities.

Subpart B General Requirements.

36.202 Activities.

36.202(b) Participation in unequal benefit. 

“A public accommodation shall not afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation of a place of public accommodation that is not equal to that afforded to other individuals.”

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Hank

The above are opinions of Hank Falstad, AIA, Managing Senior Associate of Access Technologies Services, Inc. (ACCESS).  See our web site for additional information:  www.accessts.net.