Interpretation #9123

Published August 13, 2025

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Original Request

Code Version
2023
Code
ACCSCODE
Code Description
Chapter
2
Section
209.5 Mechanical Access Parking Garages
Topic
Equivalent Facilitation for Parking by the use of a Mechanical Access Parking Garage

Question

For parking serving a multistory 68 unit urban building that the units are for rental purposes only and that the parking is served by a fully mechanical access parking garage. There is no self parking, all of the spaces will be equipped with mechanical lifts / double car stackers. There will be full time valet service to park and operate those lifts / stackers. There will be an accessible passenger loading zone in accordance with section 503 of the FACBC. The local jurisdiction is mandating that 2% of the parking count be accessible parking spaces per the requirements of the Fair Housing Act and that actual accessible parking spaces be provided. With the garage being fully served by a fully mechanical access parking garage we believe that under equivalent facilitation pursuant to section 103 of the FACBC which states that nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability. Therefore the use of a Mechanical Access Parking Garage system would be considered an acceptable equivalent facilitation solution for accessible parking.

Answer Published 07/31/2025 at 10:55 AM

The use of a Mechanical Access Parking Garage system could be considered an acceptable equivalent facilitation solution for accessible parking. A waiver request to the Accessibility Advisory Council may be in order.

Commentary

It appears accommodation is being provided by an accessible area to allow those with disabilities to access their vehicle from the valet. Local ordinances cannot be interpreted through this site.