1     
DISABLED PARKING PERMIT AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeffrey D. Stenquist

5     
Senate Sponsor: ____________

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 "van
13     accessible parking spaces," making them "van only parking spaces" or "wheelchair
14     only parking spaces";
15          ▸     limits the accessibility to van only parking spaces and wheelchair only parking
16     spaces to those who require the use of a wheelchair or have a qualifying walking
17     disability; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          15A-3-105, as last amended by Laws of Utah 2019, Chapter 20
26          41-1a-414, as last amended by Laws of Utah 2017, Chapter 41
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 15A-3-105 is amended to read:
30          15A-3-105. Amendments to Chapters 10 through 12 of IBC.
31          (1) In IBC, Section 1010.1.9, an exception is added as follows: "Exception: Group E
32     occupancies for purposes of a lockdown or a lockdown drill in accordance with Section
33     1010.1.9.5 Exception 5."
34          (2) In IBC, Section 1010.1.9.2, "Exception:" is deleted and replaced with "Exceptions:
35     1."
36          (3) In IBC, Section 1010.1.9.2, a new exception 2 is added as follows: "2. Group E
37     occupancies for purposes of a lockdown or a lockdown drill may have one lock below 34
38     inches in accordance with Section 1010.1.9.5 Exception 5."
39          (4) In IBC, Section 1010.1.9.4, a new number 7 is added as follows: "7. Group E
40     occupancies for purposes of a lockdown or a lockdown drill in accordance with Section
41     1010.1.9.5 Exception 5."
42          (5) In IBC, Section 1010.1.9.5, a new exception 6 is added as follows: "6. Group E
43     occupancies for purposes of a lockdown or a lockdown drill in accordance with Section
44     1010.1.9.5 Exception 5."
45          (6) In IBC, Section 1010.1.9.6, a new exception 5 is added as follows: "5. Group E
46     occupancies may have a second lock on classrooms for purposes of a lockdown or lockdown
47     drill, if:
48          5.1 The application of the lock is approved by the code official.
49          5.2 The unlatching of any door or leaf does not require more than two operations.
50          5.3 The lock can be released from the opposite side of the door on which it is installed.
51          5.4 The lock is only applied during lockdown or during a lockdown drill.
52          5.5 The lock complies with all other state and federal regulations, including the
53     Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12101 et seq."
54          (7) In IBC, Section 1010.1.9.7, a new number 9 is added as follows: "9. The secure
55     area or unit with special egress locks shall be located at the level of exit discharge in Type IIIB,
56     IV, and V construction."
57          (8) In IBC, Section 1011.5.2, exception 3 is deleted and replaced with the following:
58     "3. In Group R-3 occupancies, within dwelling units in Group R-2 occupancies, and in Group

59     U occupancies that are accessory to a Group R-3 occupancy, or accessory to individual
60     dwelling units in Group R-2 occupancies, the maximum riser height shall be 8 inches (203
61     mm) and the minimum tread depth shall be 9 inches (229 mm). The minimum winder tread
62     depth at the walk line shall be 10 inches (254 mm), and the minimum winder tread depth shall
63     be 6 inches (152 mm). A nosing not less than 0.75 inch (19.1 mm) but not more than 1.25
64     inches (32 mm) shall be provided on stairways with solid risers where the tread depth is less
65     than 10 inches (254 mm)."
66          (9) In IBC, Section 1011.11, a new exception 5 is added as follows: "5. In occupancies
67     in Group R-3, as applicable in Section 101.2 and in occupancies in Group U, which are
68     accessory to an occupancy in Group R-3, as applicable in Section 101.2, handrails shall be
69     provided on at least one side of stairways consisting of four or more risers."
70          (10) In IBC, Section 1013.5, the words ", including when the building may not be fully
71     occupied" are added at the end of the sentence.
72          (11) IBC, Section 1025, is deleted.
73          (12) In IBC, Section 1029.15, exception 2 is deleted.
74          (13) In IBC, Section 1106.5, the phrase "Van Space" shall be changed to
75     "Van/Wheelchair Only Space," and "Van-Accessible" shall be changed to "Van/Wheelchair
76     Only."
77          [(13)] (14) In IBC, Section 1207.4, subparagraph 1 is deleted and replaced with the
78     following: "1. The unit shall have a living room of not less than 165 square feet (15.3 m2) of
79     floor area. An additional 100 square feet (9.3 m2) of floor area shall be provided for each
80     occupant of such unit in excess of two."
81          Section 2. Section 41-1a-414 is amended to read:
82          41-1a-414. Parking privileges for persons with disabilities.
83          (1) As used in this section:
84          (a) "Accessible parking space" means a parking space that is clearly identified as
85     reserved for use by a person with a disability and includes:
86          (i) vertical signage, including the international symbol of accessibility, that is visible
87     from a passing vehicle; and
88          (ii) a clearly marked access aisle, if provided, that is adjacent to and considered part of
89     the parking space.

90          (b) "Temporary wheelchair user placard" means the same as that term is defined in
91     Section 41-1a-420.
92          (c) "Van [accessible] only parking space" or "wheelchair only parking space" means an
93     accessible parking space that is marked for use by a qualifying person with a walking disability
94     who has a temporary wheelchair user placard or a wheelchair user placard and includes:
95          (i) vertical signage with the international symbol of accessibility and the words "van
96     accessible" that is visible from a passing vehicle; and
97          (ii) a clearly marked access aisle that is adjacent to and considered part of the parking
98     space.
99          (d) "Walking disability" means a physical disability that requires the use of a
100     walking-assistive device or wheelchair or similar low-powered motorized or mechanically
101     propelled vehicle that is specifically designed to assist a person who has a limited or impaired
102     ability to walk.
103          (e) "Wheelchair user placard" means the same as that term is defined in Section
104     41-1a-420.
105          (2) Except in parking areas designated for emergency use, a person with a disability,
106     qualifying under rules made in accordance with Section 41-1a-420, may park an appropriately
107     marked vehicle for reasonable periods without charge in metered parking zones and restricted
108     parking areas, in a manner that allows proper access to the vehicle by the person with a
109     disability.
110          (3) (a) (i) Only those vehicles [carrying a person] with a disability special group license
111     plate, temporary removable windshield placard, or removable windshield placard and
112     transporting a qualifying person with a disability may park in an accessible parking space.
113          (ii) Only those vehicles with a temporary wheelchair user placard or a wheelchair user
114     placard transporting a qualifying person with a disability may park in a wheelchair only parking
115     space.
116          (b) A violation of Subsection (3)(a) is a class C misdemeanor.
117          [(c) A person described in Subsection (3)(a) is encouraged to avoid parking in a van
118     accessible parking space unless:]
119          [(i) the person has a walking disability and has a temporary wheelchair user placard;]
120          [(ii) the person has a wheelchair user placard; or]

121          [(iii) all other accessible parking spaces that are not van accessible parking spaces are
122     occupied.]
123          (4) This section applies to and may be enforced on public property and on private
124     property that is used or intended for use by the public.
125          (5) The parking privileges granted by this section also apply to vehicles displaying a
126     person with a disability special group license plate, temporary removable windshield placard,
127     or removable windshield placard issued by another jurisdiction if displayed on a vehicle being
128     used by a person with a disability.
129          Section 3. Effective date.
130          This bill takes effect on January 1, 2024.