This document includes House Floor Amendments incorporated into the bill on Mon, Feb 14, 2022 at 3:40 PM by lfindlay.
This document includes Senate Committee Amendments incorporated into the bill on Fri, Feb 18, 2022 at 11:15 AM by lpoole.
1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to accessible parking spaces.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions related to the International Building Code pertaining to
13 "wheelchair parking spaces";
14 ▸ encourages an individual that is otherwise eligible to park in an accessible parking
15 space to avoid parking in a wheelchair parking space unless the individual has
16 wheelchair user placard; Ĥ→ [
16a ▸ prohibits a private right of action to enforce the requirement to provide a wheelchair
16b parking space; and ←Ĥ
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a special effective date.
22 Utah Code Sections Affected:
23 AMENDS:
24 15A-3-105, as last amended by Laws of Utah 2019, Chapter 20
25 41-1a-414, as last amended by Laws of Utah 2017, Chapter 41
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 15A-3-105 is amended to read:
29 15A-3-105. Amendments to Chapters 10 through 12 of IBC.
30 (1) In IBC, Section 1010.1.9, an exception is added as follows: "Exception: Group E
31 occupancies for purposes of a lockdown or a lockdown drill in accordance with Section
32 1010.1.9.5 Exception 5."
33 (2) In IBC, Section 1010.1.9.2, "Exception:" is deleted and replaced with "Exceptions:
34 1."
35 (3) In IBC, Section 1010.1.9.2, a new exception 2 is added as follows: "2. Group E
36 occupancies for purposes of a lockdown or a lockdown drill may have one lock below 34
37 inches in accordance with Section 1010.1.9.5 Exception 5."
38 (4) In IBC, Section 1010.1.9.4, a new number 7 is added as follows: "7. Group E
39 occupancies for purposes of a lockdown or a lockdown drill in accordance with Section
40 1010.1.9.5 Exception 5."
41 (5) In IBC, Section 1010.1.9.5, a new exception 6 is added as follows: "6. Group E
42 occupancies for purposes of a lockdown or a lockdown drill in accordance with Section
43 1010.1.9.5 Exception 5."
44 (6) In IBC, Section 1010.1.9.6, a new exception 5 is added as follows: "5. Group E
45 occupancies may have a second lock on classrooms for purposes of a lockdown or lockdown
46 drill, if:
47 5.1 The application of the lock is approved by the code official.
48 5.2 The unlatching of any door or leaf does not require more than two operations.
49 5.3 The lock can be released from the opposite side of the door on which it is installed.
50 5.4 The lock is only applied during lockdown or during a lockdown drill.
51 5.5 The lock complies with all other state and federal regulations, including the
52 Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq."
53 (7) In IBC, Section 1010.1.9.7, a new number 9 is added as follows: "9. The secure
54 area or unit with special egress locks shall be located at the level of exit discharge in Type IIIB,
55 IV, and V construction."
56 (8) In IBC, Section 1011.5.2, exception 3 is deleted and replaced with the following:
57 "3. In Group R-3 occupancies, within dwelling units in Group R-2 occupancies, and in Group
58 U occupancies that are accessory to a Group R-3 occupancy, or accessory to individual
59 dwelling units in Group R-2 occupancies, the maximum riser height shall be 8 inches (203
60 mm) and the minimum tread depth shall be 9 inches (229 mm). The minimum winder tread
61 depth at the walk line shall be 10 inches (254 mm), and the minimum winder tread depth shall
62 be 6 inches (152 mm). A nosing not less than 0.75 inch (19.1 mm) but not more than 1.25
63 inches (32 mm) shall be provided on stairways with solid risers where the tread depth is less
64 than 10 inches (254 mm)."
65 (9) In IBC, Section 1011.11, a new exception 5 is added as follows: "5. In occupancies
66 in Group R-3, as applicable in Section 101.2 and in occupancies in Group U, which are
67 accessory to an occupancy in Group R-3, as applicable in Section 101.2, handrails shall be
68 provided on at least one side of stairways consisting of four or more risers."
69 (10) In IBC, Section 1013.5, the words ", including when the building may not be fully
70 occupied" are added at the end of the sentence.
71 (11) IBC, Section 1025, is deleted.
72 (12) In IBC, Section 1029.15, exception 2 is deleted.
73 (13) In IBC, the following is added below Table 1106.1: "Where two or more
74 accessible spaces are required, a minimum of one space shall be designated as a wheelchair
75 parking space Ŝ→ [
76 five feet wide
77 Section 1106.5."
78 [
79 following: "1. The unit shall have a living room of not less than 165 square feet (15.3 m2) of
80 floor area. An additional 100 square feet (9.3 m2) of floor area shall be provided for each
81 occupant of such unit in excess of two."
82 Section 2. Section 41-1a-414 is amended to read:
83 41-1a-414. Parking privileges for persons with disabilities.
84 (1) As used in this section:
85 (a) "Accessible parking space" means a parking space that is clearly identified as
86 reserved for use by a person with a disability and includes:
87 (i) vertical signage, including the international symbol of accessibility, that is visible
88 from a passing vehicle; and
89 (ii) a clearly marked access aisle, if provided, that is adjacent to and considered part of
90 the parking space.
91 (b) "Temporary wheelchair user placard" means the same as that term is defined in
92 Section 41-1a-420.
93 (c) "Van accessible parking space" means an accessible parking space that is marked
94 for use by a qualifying person with a walking disability who has a temporary wheelchair user
95 placard or a wheelchair user placard and includes:
96 (i) vertical signage with the international symbol of accessibility and the words "van
97 accessible" that is visible from a passing vehicle; and
98 (ii) a clearly marked access aisle that is adjacent to and considered part of the parking
99 space.
100 (d) "Walking disability" means a physical disability that requires the use of a
101 walking-assistive device or wheelchair or similar low-powered motorized or mechanically
102 propelled vehicle that is specifically designed to assist a person who has a limited or impaired
103 ability to walk.
104 (e) "Wheelchair parking space" means an accessible parking space that is marked for
105 use by a qualifying person with a temporary wheelchair user placard or a wheelchair user
106 placard and includes Ŝ→ [
107 (i)
108 "wheelchair parking" that is visible from a passing vehicle Ŝ→ [
109 (ii) a clearly marked access aisle that is adjacent to and considered part of the parking
110 space
111 [
112 41-1a-420.
113 (2) Except in parking areas designated for emergency use, a person with a disability,
114 qualifying under rules made in accordance with Section 41-1a-420, may park an appropriately
115 marked vehicle for reasonable periods without charge in metered parking zones and restricted
116 parking areas, in a manner that allows proper access to the vehicle by the person with a
117 disability.
118 (3) (a) Only those vehicles [
119 plate, temporary removable windshield placard, or removable windshield placard and
120 transporting a qualifying person with a disability may park in an accessible parking space.
121 (b) A violation of Subsection (3)(a) is a class C misdemeanor.
122 (c) A person [
123 parking space is encouraged to avoid parking in a van accessible parking space unless:
124 (i) the person has a walking disability and has a temporary wheelchair user placard;
125 (ii) the person has a wheelchair user placard; or
126 (iii) all other accessible parking spaces that are not van accessible parking spaces are
127 occupied.
128 (d) A person who is eligible to park in an accessible parking space is encouraged to
129 avoid parking in a wheelchair parking space unless:
130 (i) the person has a walking disability and has a temporary wheelchair user placard;
131 (ii) the person has a wheelchair user placard; or
132 (iii) all other accessible parking spaces that are not van accessible parking spaces are
133 occupied.
134 (4) This section applies to and may be enforced on public property and on private
135 property that is used or intended for use by the public.
136 (5) The parking privileges granted by this section also apply to vehicles displaying a
137 person with a disability special group license plate, temporary removable windshield placard,
138 or removable windshield placard issued by another jurisdiction if displayed on a vehicle being
139 used by a person with a disability.
139a Ĥ→ (6) A person has no private right of action to enforce the requirement to provide a
139b wheelchair parking space as described in Subsection (1)(e) and Section 15A-3-105. ←Ĥ
140 Section 3. Effective date.
141 This bill takes effect on January 1, 2024.