ADA and snow: keeping accessible parking and routes clear

What does the ADA require in winter?

The Department of Justice's ADA rules for businesses open to the public, at 28 CFR 36.211, require a public accommodation to maintain in operable working condition the features of its facilities that are required to be accessible to people with disabilities. The same section says it does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.

Snow falls on both sides of that line. An accessible space that is snow-covered for part of a storm, while crews are working, is a temporary interruption. Accessible spaces buried under the lot's snow pile, or a curb ramp left under a frozen plow ridge for days, is a failure to maintain the feature. The Northeast ADA Center has addressed exactly this situation: snow plowed into accessible parking spaces.

Which areas count?

• Accessible parking spaces, including van-accessible spaces.
• Access aisles, the striped areas beside accessible spaces. They need to be clear for ramps and lifts to deploy.
• Curb ramps connecting the parking area to the walkway.
• The accessible route from the spaces to the entrance.
• Entrance landings and ramps, including handrails.
• Accessible passenger loading zones, where they exist.

Clear them first

On a commercial site, sequencing matters. A sensible order:

1. Access aisles and accessible spaces.
2. Curb ramps and the accessible route to the entrance.
3. Entrances and main walks.
4. Fire lanes and emergency access.
5. The rest of the lot, in drive-aisle order.

This is the order we use on commercial sites, and it should be written into any commercial snow contract.

Never stack snow in them

The fastest way to clear a lot is to push everything to the nearest open space, and accessible spaces are often at the end of a row, right where snow tends to be pushed. Stacking snow in accessible spaces or aisles removes those features for days or weeks. Mark them on the site map as no-stack zones before the season. See where snow should go in a parking lot.

Ice, not just snow

A cleared ramp coated in ice is not usable. Ramps, landings and the accessible route need de-icing and traction, and they need checking after the thaw-and-refreeze cycles that form black ice.

Put it in the contract

• A site map marking accessible spaces, aisles, ramps and routes.
• The clearing sequence, with accessible features first.
• No-stack zones for accessible spaces, aisles and ramps.
• De-icing expectations for ramps and routes.
• Service records showing when those areas were cleared and treated.

Not legal advice

This guide summarizes federal rules in plain language. It is not legal advice. If you have specific compliance questions, talk to an attorney or an ADA specialist, and check state and local requirements as well.