Hotly debated: site arrival points. Get the low-down!
Two of the most highly debated topics that I deal with on an ongoing basis are the “Accessible Routes" from site arrival points and within sites. In other words, the requirement for a commercial retail, office or industrial facility to provide:
Off-Site path of travel connection to the public right of way, and;
On-Site path of travel connections between all accessible buildings on the same site.
These requirements were in the 1991 ADA standards sections 4.1.2(1) & (2) and then rolled into the 2010 ADA standards sections 206.2.1 & 206.2.2. and adopted into the 2013 California Building Code section 11B-206.2.1 & 11B-206.2.2
They require that at least one accessible route be provided within the site from the site arrival points to an accessible building entrance and that at least one accessible route connect accessible facilities on the same site.
The 2010 ADA standards also added two exceptions that exempt site arrival points and accessible facilities within a site from the accessible route requirements where the only means of access between them is a vehicular way that does not provide pedestrian access.“When the only means of access between them is a vehicular way that does not provide pedestrian access”
What does that mean?
Some think that this means if there is asphalt or concrete drive aisles between the buildings that do not currently provide a pedestrian path of travel then they are “off the hook” from providing such a path of travel.
Others feel that if the property was originally designed and built without such connections then they are exempt.
Both are wrong!
When these two exceptions were being discussed, commentators urged the Department to eliminate the exception that exempts site arrival points and accessible facilities from the accessible route requirements where the only means of access between them is a vehicular way not providing pedestrian access. The DOJ declined to accept this recommendation because they believed that it’s use will be limited.
If it can be reasonable anticipated that a route between the site arrival point and the accessible facilities will be used by pedestrians, regardless of whether a pedestrian route is provided, then this exception will not apply. It will apply only in the relatively rare situations where the route between the site arrival point and the accessible facility dictates vehicular access.An few examples would be a stand alone office complex on an isolated site that has a private access road or a self storage facility where all users are expected to drive to their storage units.
So the bottom line is this:
If a commercial retail, office or industrial complex is located in a semi-developed area that does not currently provide a “public sidewalk” along at least one side of the property boundary, then the “off site” path of travel connection is NOT required.
If a public sidewalk is provided along at least one side of the property and it is reasonably anticipated that pedestrians will use this area then it is required.
Once on site, if the facility provides several buildings that do not currently connect by an accessible route and it can be reasonably anticipated that pedestrians, regardless of whether a pedestrian route is provided, would use a route between the accessible facilities then this exception does not apply.
This certainly doesn't mean that we all must run out to our properties and start digging up landscape areas, removing trees, moving trash enclosures or parking lot light standards in order to provide these paths of travel.
We still need to approach this requirement with care, logic and fiscal responsibility. In many situations, the installation of “Off Site” connections to the public sidewalk or “arrival point” or “On Site” path of travel connections between buildings can be done without destroying the property, reducing landscape areas and mature trees and creating financial burdens on ownership. But sometimes it does.
Keep in mind that there are local building codes that require a certain amount of landscape be maintained and in many Cities and Counties we are denied the request to remove mature trees for any reason. And even if we are granted permission to reduce landscape and remove trees, we still need to be mindful of the costs and impact to the overall site when designing, planning and installing such features.
These types of connections and accessible routes in many ways are usually never considered “readily achievable” so they need to be either budgeted and installed through a thoughtful barrier removal plan or included as part of the path of travel requirement when a tenant or the property owner is completing a permitted addition, alteration, structural repair or tenant improvement.
Remember the 20% additional rule when pulling permits?If you have any questions regarding these exceptions, please feel free to contact me directly.