| Initiative | Advance Notice of Proposed Rulemaking (ANPRM) |
| Comment Number | OL-100654 |
| Status | Catalogued |
| Classification | Substantive |
| Submitted Type | CW Web Form |
| Commenter Type | Undetermined Organization |
| Organization | ADA Build it Right, Inc. |
| Received | 05/31/2005 09:43:22 PM |
| Document Date | |
| Remarks | |
| Pages | |
| Category | Non-Standard/Attached file |
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| Commenter |
| First Name | Last Name | State/Province |
| Wayne | Yarnall | OR |
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| Comment Period Start | 9/30/2004 |
| Comment Period End | 5/31/2005 |
| Phase | Advance Notice of Proposed Rulemaking (ANPRM) |
| Comment Instructions | NEW ALTERNATIVE PROCESS AVAILABLE: As described in its Announcement of Alternative ADA ANPRM Comment Process,
as of May 16, 2005, the Department permits commenters who wish to
restrict access to their identity to send their comments to a special
new mailing or electronic address. At this address, commenters’
business and personal names and addresses will be removed before their
comments enter the comment processing system. Comments must initially
include the sender’s name and address and must follow all of the
instructions set forth in the announcement.
The Department of Justice (Department) is issuing this ANPRM
in order to begin the process of adopting revised ADA standards
consistent with Parts I and III of the revised guidelines implementing
the Americans with Disabilities Act of 1990 (ADA) and the Architectural
Barriers Act of 1968 (ABA), published by the Architectural and
Transportation Barriers Compliance Board (Access Board) on July 23,
2004, at 69 FR 44083. You may submit electronic comments though this
form or through www.regulations.gov. The Department strongly encourages you to read the ANPRM before submitting your comments. Unless you use the new alternative process, you may address all written comments concerning this ANPRM
to P.O. Box 1032, Merrifield, VA. 22116-1032; please note that courier
and overnight deliveries will not be accepted at this address. Unless
you use the new alternative process,
comments submitted in written or electronic form are available to the
public in their entirety, including personal information.
Using this form:
The fields for your full name and address, marked with asterisks, are
required fields. You cannot proceed with your comment unless you fill
in these fields. You may select one or more of the 54 questions posed
by the Department in the ANPRM
and type your answer to the question in the space provided. There are
two ways to select a question: you may either enter the number of the
question that you want in the box provided and click on the "Retrieve
Question" button, or you may scroll through the questions listed by
topic, click the question you want to select, and then click on the
"Retrieve Question" button. In addition, you may choose to type a
comment in the "General Comments" box provided below (4,000 characters
available). You may also submit a comment as an attachment at the end
of this form.
Inspection of Comments: All comments will be available throughout the comment period to the public online at WWW.ADAANPRM.ORG
and, by appointment, during normal business hours, at the office of the
Disability Rights Section, Civil Rights Division, U.S. Department of
Justice, located at 1425 New York Avenue, Suite 4039, Washington, D.C.
20005. To arrange an appointment to review the comments, please contact
the ADA Information Line at (800) 514-0301 (voice) and (800) 514-0383
(TTY). |
| Initiative Type | Federal Rulemaking |
| Agency | U. S. Department of Justice |
|
| Initiative | Advance Notice of Proposed Rulemaking (ANPRM) |
| Subject | Advance Notice of Proposed Rulemaking (ANPRM) |
| Docket ID | CRT Docket No. 2004-DRS01 |
| Short Title | Nondiscrimination
on the Basis of Disability in State and Local Government Services;
Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities |
| Rule | Nondiscrimination
on the Basis of Disability in State and Local Government Services;
Nondiscrimination on the Basis of Disability by Public Accommodations
and in Commercial Facilities |
| Rule Citation | 28 CFR Parts 35 and 36 |
| Published Info | September 30, 2004 View Announcement of Alternative ADA ANPRM Comment Process (HTML) View ANPRM (HTML) View ANPRM (PDF) View Notice to Extend Comment Period (HTML) View Notice to Extend Comment Period (PDF) (Download Adobe Reader) |
| Description | Description??? |
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| File Name | OL-100654.htm |
| File Extension | .txt |
| File Size | 3474 |
| Comments | Answers to Specific Questions
9-Reference
Van Accessible parking paragraphs of the new ADAAG Sections 106, 208
and F208. I suggest the following changes in Chapter 2 Section 208 and
F208 to make absolutely clear the recuirements for Van Accessible
parking scoping. My experience observing van accessible parking and
driving side lift van for 12 years is that the error rate on van
accessible parking complience is over 50%. Since many professionals
using the accessibility specifications don't know what a side-lift van
is the van accessible parking spots are overlooked or done incorrectly.
Section 106 Definitions has no definition for van accessible parking,
Ameican Heritage dictionay has no definion to fall back on. Please add
a definition for van accessible parking to the definition section: "van
accessible parking - an accessible parking spot providing 8 ft. side
clearance on the passenger side of the vehicle so there is room for the
side wheel chair platform lift to be lowered to the pavement with
sufficient additional space for the wheel chair to drive off the
platform and turn onto the accessible route." Or see USDOJ Technical
Assistance Update number 1, August 1996 pages 13-19. The new document
section 208 obscures van accessible parking spot scoping with poor
organization. (Same comments apply to Chapter F208 - ABA Scoping). Move
Paragraph "208.2.4 Van Parking Spaces" scoping so that it is part of
208.2-B or directly under Table 208.2 Parking spaces. (It is easy to
read past located on the next page and below 208.2.1 Hospital
Outpatient Facilities and 208.2.3 Residential Facilities) 208.2.4 Van
Parking Spaces. For every six or fraction of six parking spaces
required by 208.2 to comply with 502, at least one shall be a van
parking space complying with 502. IBC 2000 has 1106.4 the van scoping
paragraph BEFORE Table 1106.1, Accessible parking spaces. See Below.
Old ADAAG has the van accessible scoping directly under the scoping
table. In Section F208, Paragraph F208.2.4 is indented incorrectly
under F208.3 further obfuscating it. ----------------------------------
From the 1994 ADAAG: ---------------------- 4.1.2 Accessible Sites and
Exterior Facilities: New Construction. An accessible site shall meet
the following minimum requirements: ........ (5) (a) If parking spaces
are provided ..... Total Parking in Lot Required Minimum Number of
Accessible Spaces 1 to 25 1 26 to 50 2 ...... 1001 and over 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.
--------------------------------------------- From Icode 2000:
(Copyright property of ICC).
--------------------------------------------- 1106.4 Van spaces. For
every eight or fraction of eight accessible parking spaces, at least
one shall be a van-accessible parking space. TABLE 1106.1 ACCESSIBLE
PARKING SPACES TOTAL PARKING REQUIRED MINIMUM NUMBER OF SPACES PROVIDED
ACCESSIBLE SPACES 1 to 25 1 26 to 50 2 1106.5 Location. Accessible
parking spaces shall be located on ......
--------------------------------------- General Comments
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| Version Date | 6/6/2005 |
| Remarks | |
| File MIME Type | text/html |
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