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This document is intended as a guide for designing parking spaces reserved for persons with disabilities as required by State law. It does not replace the parking space and related design requirements contained in the Americans with Disabilities Act (ADA); the Americans with Disabilities Act Accessibility Guidelines (ADAAG); Chapter 291, Part III, Hawaii Revised Statutes; and Chapter 11-219, Hawaii Administrative Rules.
When did the rules for parking space design become effective?
The effective date for the State rules was December 15, 2001, however, entities became subject to penalty for noncompliance on July 1, 2002. The effective date for complying with the federal requirements was January 26, 1992.
Who issues the State rules?
The Disability and Communication Access Board (DCAB) has administrative authority at the State level.
Why are the State requirements necessary?
The State established these requirements to provide uniform, recognizable signage and marking of parking spaces for persons with disabilities and to ensure that citations issued by enforcement officers are upheld in court.
Do the State requirements replace the federal requirements as outlined in the ADAAG?
No, but they do expand upon federal requirements. It is important to reference both standards into the final design. The basic principle is to use the most stringent requirement per element of design in creating an accessible parking space.
What entities are covered by the State rules?
The rules cover privately owned parking facilities and sites subject to the ADA. The rules also cover all State or county parking facilities and sites, including residential facilities.
What entities are NOT covered by the State rules?
Entities not covered include private clubs and religious entities exempt from ADA coverage, private residential facilities covered by the Fair Housing Amendments Act, employee parking, and property under federal government jurisdiction.
How does one determine the correct number of accessible parking spaces required for a given parking lot?
The ADAAG requires a minimum number of accessible parking spaces based on a percentage of the total number of spaces in a parking lot (see table below). For every 8 accessible parking spaces required by ADAAG, at least 1 accessible parking space must be van-accessible. If only 1 accessible parking space is required, it must be van-accessible. (NOTE: Medical facilities require a higher percentage of spaces than indicated in the table.)
Parking Space Design
Where can I find the minimum design requirements for car and van-accessible parking spaces in the ADAAG?
Sections 4.6.2, 4.6.3, and 4.6.5.
What are the additional State design requirements for car and van-accessible parking spaces?
Where can I find the ADAAG minimum design requirements for signage of car and van-accessible spaces?
Section 4.6.4.
What are the additional State requirements for signage of car and van-accessible spaces?
What are the penalties for noncompliance with the design and signage requirements of the State rules?
A private entity is subject to a minimum fine of $250 up to a maximum fine of $500 for each day of noncompliance per violation.
Do police officers and volunteer parking enforcement officers issue citations for noncompliance with the design and signage requirements of the rules?
No. Only a court can issue a penalty for noncompliance in response to a private right-of-action.
Vehicle Tow Away
Is towing of vehicles illegally parked in spaces reserved for persons with disabilities required?
No. However, if a parking lot provides for towing, it must comply with the requirements set forth in section 290-11, Hawaii Revised Statutes.
More Information
Where can I obtain a copy of the ADAAG?
A full copy of the ADAAG is on the U.S. Access Board web site at: www.access-board.gov/ . Click on the "Publications" link and then on the "ADA Accessibility Guidelines" html, or text, or pdf format link. Contact the U.S. Access Board toll free at (800) 872-2253 voice or (800) 993-2822 TTY (Eastern time).
