Kokua Line
Kokua Line
Question: I own a condominium building in Mililani that was built in 1972. At that time, compact cars hardly existed, so parking spaces were huge. At some point the association decided to make the spaces smaller to tailor to the compact-car market and use the extra space for guest parking. But the SUV market has now kicked in, and I can barely squeeze out of my car with full-size vehicles on both sides. What is the legal width of parking spaces, and is there a requirement to include any additional space for the disabled (which I am)? Law varies on how big
parking spaces must beAnswer: Parking space size is regulated by city ordinance. Private condominium buildings built before March 13, 1991, are not required to provide disabled parking spaces.
Your building was built when the city Comprehensive Zoning Code called for only one standard size for a parking space, 8.5 feet by 19 feet, said Loretta Chee, deputy director of the city Department of Planning and Permitting.
In 1982 the CZC was amended to allow 60 percent standard-size spaces -- 8.5 by 19 feet -- and 40 percent compact spaces -- 7.5 by 16 feet, she said.
If the parking spaces have been re-striped, the current code (in effect since Oct. 31, 1996) calls for 50 percent of the stalls to be standard and 50 percent compact. However, Chee noted the dimensions of a standard-size stall have been reduced to 8 feet 3 inches by 18 feet.
There hasn't been any recent discussion about changing the required dimensions to accommodate larger vehicles.
Meanwhile, handicap parking no longer is regulated under the city Land Use Ordinance.
According to Francine Wai, executive director of the state Disability and Communication Access Board, the Americans with Disabilities Act "does not cover (private) residential units, period."
"The only time the ADA is applicable to a housing project is if it happens to be a government project," she said. "Because they're government projects, 5 percent of those units have to be (handicap) accessible" and have accessible parking stalls.
But if it's a "purely private" development, with no government funding, then it's regulated by the federal Fair Housing Act, Wai said. However, that act specifies that only those multifamily housing units built after March 13, 1991, must have accessible units, and therefore, accessible parking, she said. Also, if there is guest parking, at least one stall must be handicap accessible (but guest parking is not required).
The Fair Housing Act does not require multifamily buildings built before March 13, 1991, to modify anything to make them handicap accessible if they were pre-existing, Wai said. That's unlike the ADA, which has some requirements on older private developments, such as supermarkets or shopping centers, to become accessible and to remove barriers.
However, if someone wants to have something modified in a building not required to, that person must be allowed to do it, but at his own expense, Wai said.
Auwe
To a young couple in a red CRX, driving down the Pali Highway about 3:15 p.m. Sunday, Sept. 30. The male driver was speeding in and out of traffic, at one point cutting my husband off. On top of that, an infant was sitting on the lap of the woman. Parents should think twice about how they drive and about using a car seat to protect their child. -- No Name
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