Covered Parking, Equal Access
Ensuring Inclusivity Through Covered Accessible Parking
Providing accessible parking is a legal mandate and a cornerstone of inclusive building design. When you offer covered parking—whether it’s general, reserved, employee-only, or contract parking—you must provide covered accessible parking as well. This is a mandatory requirement under the 2012 Texas Accessibility Standards (TAS) and 2010 ADA Standards. Overlooking this requirement can lead to costly alterations, penalties, legal disputes, and customer dissatisfaction. Addressing accessibility early in your planning process is a proactive step toward creating equitable spaces while minimizing future risk.
Key 2012 TAS Requirements
Although the 2012 TAS does not explicitly say “covered accessible parking is required,” the obligation stems from the principle of equal access. If you provide covered parking for one group, you must also provide a comparable covered option for individuals with disabilities. The sections most relevant to parking include:
Section 208 (Scoping Requirements for Parking)
Number of Accessible Spaces: Specifies how many accessible parking spaces must be provided based on the total number of parking spaces.
Exception: Parking spaces used exclusively for buses, trucks, other delivery vehicles, law enforcement vehicles, or vehicular impound are not required to comply with Section 208 if the lots are not accessed by the public. If these restricted lots are accessed by the public, you must provide a passenger loading zone in compliance with Section 503.
Section 502 (Technical Requirements for Parking Spaces)
Dimensions & Signage: Details the minimum width, access aisle size, signage, and marking requirements for accessible parking spaces.
Vertical Clearance (Section 502.5):
A minimum of 114 inches (2895 mm) of vertical clearance is required at passenger loading zones and along at least one vehicle access route to these zones from site entrances/exits.
A minimum of 98 inches (2490 mm) of vertical clearance is required at van-accessible parking spaces and along at least one vehicle access route to these spaces from site entrances/exits.
Covered Parking: Who Must Comply?
All covered parking areas intended for use by employees, customers, visitors, or contract holders must provide equivalent accessible covered parking to comply with the 2012 TAS. This holds true even if the spaces are:
Reserved (e.g., for executives, doctors, or high-level staff)
Contract-only or employee-only parking
Leased or managed by a third party (e.g., parking garage operators)
Exception: If a lot is used exclusively for commercial fleet vehicles (buses, trucks, or other delivery vehicles), law enforcement vehicles, or impounded vehicles (and the public does not access it), then accessible parking is not required in that lot as long as passenger loading zones are provided elsewhere for public use and comply with Section 503.
Risks of Non-Compliance
Legal & Financial Penalties
The Texas Department of Licensing and Regulation (TDLR) enforces TAS compliance and may impose fines or mandate retrofitting for non-compliance.
Reputational Damage
Accessibility non-compliance can lead to negative public perception, affecting customer loyalty and brand image.
Potential Litigation
Violations can result in lawsuits or formal complaints filed by individuals, advocacy groups, or governmental entities.
How We Can Help
Navigating the 2012 TAS can be complex. Our team of Registered Accessibility Specialists is here to guide you through each phase, ensuring your project meets or exceeds these standards from the initial planning stages through final inspection. We pride ourselves on being “the architect’s architect,” dedicated to promoting inclusive design and protecting your project from compliance issues down the line.
Visit www.acico.com to learn more about our services and how we can support you in creating compliant, inclusive, and inviting spaces.
Disclaimer: This content is provided for general informational purposes. Always consult the Texas Department of Licensing and Regulation (TDLR), current codes, and relevant authorities to confirm the latest regulations and standards for your specific project