IC 5-16-9
Chapter 9. Parking Facilities for Persons with Physical Disabilities
IC 5-16-9-1
Definitions
Sec. 1. (a) The definitions in this section apply throughout this
chapter.
(b) "Accessible parking space" refers to a parking space
that conforms with the standards of section 4 of this chapter.
(c) "Motor vehicle" has the meaning set forth in IC
9-13-2-105.
(d) "Parking facility" means any facility or combination
of facilities for motor vehicle parking which contains parking
spaces for the public.
(e) "Person with a physical disability" means a person
who has been issued a placard under IC 9-14-5 or a person with
a disability registration plate for a motor vehicle by the bureau
of motor vehicles under IC 9-18-22.
(f) "Public agency" means:
(1) the state of Indiana, its departments, agencies, boards, commissions,
and institutions, including state educational institutions (as
defined under IC 20-12-0.5-1); and (2) a county, city, town, township,
school or conservancy district, other governmental unit or district,
or any department, board, or other subdivision of the unit of
government.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,
SEC.1; P.L.37-1984, SEC.1; P.L.71-1987, SEC.1; P.L.2-1991, SEC.30;
P.L.23-1993, SEC.11; P.L.2-1995, SEC.16; P.L.42-1996, SEC.1.
IC 5-16-9-1.5
Application of chapter
Sec. 1.5. This chapter applies to a reserved accessible parking
space in a parking facility that is located on property that is
privately or publicly owned.
As added by P.L.59-1993, SEC.1. Amended by P.L.42-1996, SEC.2.
IC 5-16-9-1.6
Compliance with federal provisions
Sec. 1.6. Notwithstanding any requirement of this chapter, a person
who complies with:
(1) Title III of the Americans with Disabilities Act of 1990 (42
U.S.C. 12181); and
(2) the Americans with Disabilities Act Guidelines adopted by
the United States Department of Justice;
complies with this chapter.
As added by P.L.42-1996, SEC.3.
IC 5-16-9-2
Spaces reserved in parking facilities; requirements
Sec. 2. (a) Except as provided in subsection (d), each parking
facility that provides parking spaces for self-parking by employees
or visitors must have accessible parking spaces reserved according
to the following schedule:
| TOTAL NUMBER OF MINIMUM NUMBER PARKING SPACES
OF RESERVED IN FACILITY SPACES |
| 1 to 25 |
1 |
| 26 to 50 |
2 |
| 51 to 75 |
3 |
| 76 to 100 |
4 |
| 101 to 150 |
5 |
| 151 to 200 |
6 |
| 201 to 300 |
7 |
| 301 to 400 |
8 |
| 401 to 500 |
9 |
| 501 to 1,000 |
2% of total |
| over 1,000 |
20 plus 1 for each 100 spaces over 1,000 |
(b) A parking facility may provide accessible parking spaces in
a different location from other parking spaces if the location
of the accessible spaces results in equivalent or greater access
by the shortest accessible route of travel to an accessible entrance
of:
(1) a building, if the parking facility serves a specific building;
or
(2) the parking facility, if the parking facility does not serve
a specific building.
(c) This subsection applies to a building with more than one (1)
accessible entrance that has parking adjacent to the entrances.
Accessible parking spaces for a building described in this subsection
must be dispersed and located closest to the accessible entrances.
(d) This subsection applies to a facility that provides medical
care or other services for persons with mobility impairments.
A facility described in this subsection must provide accessible
parking spaces according to the following schedule:
(1) An outpatient facility or unit: Ten percent (10%) of the total
number of parking spaces serving the facility or unit must be
accessible parking spaces.
(2) A facility or unit that specializes in treatment or services
for persons with mobility impairments: Twenty percent (20%) of
the total number of parking spaces serving the facility or unit
must be accessible parking spaces.
(e) The reserved space or spaces under this chapter must be reserved
by posting immediately adjacent to and visible from the space
or spaces a vertical sign measuring at least forty-eight (48)
inches from the base of the sign, located in a manner that will
not be obscured by a vehicle parked in the space, and bearing
the following:
(1) The international symbol of accessibility.
(2) Letters and numbers that have a width to height ratio between
3:5 and 1:1 and a stroke width to height ratio between 1:5 and
1:10.
(3) Characters and numbers that are sized according to the distance
from which the characters and numbers are read, with the minimum
height measured by an uppercase "X". Lowercase characters
may be used.
(f) The characters and background of a sign required under subsection
(e) must be eggshell, matte, or another nonglare finish. Characters
and symbols used on a sign must contrast with the background color
of the sign.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,
SEC.2; P.L.37-1984, SEC.2; P.L.55-1985, SEC.1; P.L.72-1989,
SEC.1; P.L.23-1993, SEC.12; P.L.42-1996, SEC.4.
IC 5-16-9-3
Street parking spaces reserved adjacent to public agency or retail
shopping mall constructed with economic development income tax
derived revenue
Sec. 3. (a) If a public agency has no parking facility under its
jurisdiction or control available to private persons who desire
to conduct business with the public agency, the public agency
shall
direct the local authority having jurisdiction over the portion
of the streets which are adjacent to the facilities of the public
agency to reserve parking spaces for the use of persons with physical
disabilities.
(b) If a retail shopping mall is constructed in whole or in part
with revenue derived from a county economic development income
tax imposed under IC 6-3.5-7, the local authority having jurisdiction
over the portion of the streets adjacent to the retail shopping
mall shall reserve parking spaces for the use of persons with
physical disabilities.
As added by Acts 1979, P.L.44, SEC.1. Amended by
P.L.380-1987(ss), SEC.4; P.L.23-1993, SEC.13.
IC 5-16-9-4
Specifications of parking spaces and access facilities
Sec. 4. (a) Except as provided in subsection (b), the size and
location of parking spaces required under this chapter must conform
to the following standards:
(1) An accessible parking space must be at least ninety-six (96)
inches wide.
(2) An access aisle adjacent to an accessible parking space must
be at least sixty (60) inches wide and may not be restricted by
a built-up curb ramp, planters, curbs, wheel stops, or any other
obstructions.
(3) Two (2) adjacent accessible parking spaces may share a common
access aisle.
(4) An access aisle:
(A) must be part of an accessible route to the building or facility;
and
(B) must either merge with the accessible route or have a curb
ramp to the accessible route that complies with the rules governing
curb ramps.
(5) An accessible parking space and an access aisle must have
a surface slope of not more than 1:50 (two percent (2%)) in all
directions.
(6) An accessible parking space and an access aisle must be designated
with blue lines.
(7) An accessible parking space and at least one (1) vehicle access
route to the accessible parking space must have a minimum vertical
clearance of at least ninety-eight (98) inches.
(b) A parking facility must designate at least one (1) accessible
parking space of every eight (8) accessible parking spaces as
a van accessible parking space. A van accessible parking space
must have an access aisle at least ninety-six (96) inches wide.
Notwithstanding section 2(c) of this chapter, a parking facility
may group all van accessible parking spaces in a single location.
(c) Notwithstanding subsection (b), a parking facility that:
(1) is in existence on June 30, 1996; and
(2) conforms to the specifications for the size and location of
parking spaces under this section as the specifications were in
effect on June 30, 1996; is not required to conform with subsection
(b) until the first time the parking facility is resurfaced or
restriped after June 30, 1996.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.245-1987,
SEC.6; P.L.59-1993, SEC.2; P.L.42-1996, SEC.5.