AB 826

Under current law, a person with a disability that limits or impairs the ability

to walk may apply for and obtain from the Department of Transportation (DOT)

special motor vehicle registration plates (disabled plates) or a special identification

card (disabled parking card) that affords certain parking privileges, including

parking in spaces reserved for use by persons with physical disabilities (disabled

parking spaces). Current law, as set forth in the traffic statutes, also requires the

owner or lessee of a public building or place of employment, and the owner or lessee

of a parking facility that offers parking to the public, to reserve a minimum number

of disabled parking spaces if the parking area has at least 26 spaces. If the parking

area is not open to the public or has fewer than 26 spaces, the owner or lessee may

voluntarily reserve disabled parking spaces. Various requirements apply to reserved

disabled parking spaces, including that they must be at least 12 feet wide, marked

with a disabled parking sign, and maintained in inclement weather. These

provisions in the traffic statutes do not affect the authority of the Department of

Safety and Professional Services (DSPS) to require by rule that disabled parking

spaces be reserved. Currently DSPS has adopted by rule provisions of the

International Building Code (IBC), 2009 edition, that include specification of the

minimum number of disabled parking spaces that must be reserved.

Also under current law, with limited exceptions, any place of employment or

public building, the initial construction of which was commenced after July 1, 1970,

but prior to May 27, 1976, must be so designed and constructed as to provide

reasonable means of ingress and egress by the physically disabled. In addition, any

place of employment or public building, the initial construction of which is

commenced on or after May 27, 1976, must be designed and constructed so as to

provide reasonable means of access, except: 1) when exempted by DSPS rule; or 2)

with respect to parking spaces, ramps, and grade-level entrances of a building that

is not more than two stories in height and is either a structure containing two or more

units or two or more structures each containing one or more units on the same

property (multi-unit building). DSPS must by rule provide minimum regulations

to ensure access to and use of public buildings.

Under this bill, the owner or lessee of a public building or place of employment,

and the owner or lessee of a parking facility that offers parking to the public, must

reserve at least the minimum number of disabled parking spaces specified in the

IBC, as adopted by rule by DSPS. This requirement applies with respect to any

parking area initially constructed, or resurfaced or to which a seal coat is applied,

on or after May 27, 1976. Regarding the requirement that any place of employment

or public building, the initial construction of which is commenced on or after May 27,

1976, be designed and constructed so as to provide reasonable means of access, the

bill eliminates the exemption for parking spaces for multi-unit buildings.

Under current law, a governmental unit may not issue an authorization to