Code of Massachusetts Regulations › 950 CMR - OFFICE OF THE SECRETARY OF THE COMMONWEALTH › Title 950 CMR 51.00 - Polling Place Accessibility For Elderly And Handicapped Voters › Section 51.02 - Accessibility Defined

Current through Register 1525, July 5, 2024
Section 3 (a) of the Act,
				42
				U.S.C. §
									1973ee-1(a),
				requires every city and town to assure that all polling places for federal
				elections are accessible to handicapped and elderly voters, unless the
				Secretary exempts them. A polling place is "accessible" to handicapped and
				elderly voters, for the purpose of sections 3(a) and 8(1) of the Act,
				42
				U.S.C. §§
									1973ee-1(a),
				1973ee-6(1), only if
				all of the following requirements are met:
(1)
Site Access
. A
			 clear, reasonably lit, unobstructed path of travel must be provided from the
			 designated spaces in the parking lot, and from the street, to the accessible
			 entrance to the building where the polling place is located. Such path of
			 travel shall have a continuous common surface, not interrupted by steps or
			 abrupt changes in level greater than 1/2 inch.
(2)
Parking
. If a
			 parking lot is available on the premises of the polling place, then the
			 following requirements apply:
(a) Pursuant to
			 the Americans With Disabilities Act (ADA) Accessibility Guidelines (4.1.2 (5)),
			 the number of required handicapped parking spaces is:
Total No. of Parking
							 Spaces
No. of Handicapped
							 Required
1 - 25
1
26 - 50
2
51 - 75
3
76 - 100
4
101 - 150
5
151 - 200
6
201 - 300
7
301 - 400
8
401 - 500
9
510 - 1,000
2% of total
1,001 and over
20 plus 1 for each 100 over 1,000
(b) For
			 parking lots striped prior to September 1, 1996:
1. The handicapped parking spaces shall be
			 eight feet wide and have an adjacent four foot access aisle which is painted or
			 striped yellow. The lot shall be reasonably lit.
2. Identification of handicapped spaces shall
			 be by a sign at each space or pair of spaces. The signs shall be at a height of
			 not less than five feet nor more than eight feet to the top of the sign. The
			 sign shall also contain the International Symbol of Accessibility and may
			 include wording identifying its use.
(c) For parking lots striped after September
			 1, 1996:
1. The handicapped parking spaces
			 shall be eight feet wide and have an adjacent five foot access aisle which is
			 marked by high contrast painted lines or other high contrast delineation. The
			 lot shall be reasonably lit.
2.
			 There shall be at least one "van accessible" space, but not less than one, per
			 eight accessible spaces. The van accessible space shall be eight feet wide and
			 have an adjacent eight foot wide access aisle which is marked by high contrast
			 painted lines or other high contrast delineation. The lot shall be reasonably
			 lit.
3. Identification of
			 handicapped spaces shall be by a sign at each space or pair of spaces. The
			 signs shall be at a height of not less than five feet nor more than eight feet
			 to the top of the sign. The sign shall also contain the International Symbol of
			 Accessibility and may include wording identifying its use. Van accessible
			 spaces shall include the words "Van Accessible."
(d) If a sidewalk is provided at such parking
			 spaces, a curb cut (sidewalk ramp) shall be installed at each space or pair of
			 spaces. The slope of the curb cut shall not exceed 1:12.
(e) If no parking lot is available on the
			 premises of the polling place, at least one on-street parking place in front of
			 the polling place must be at least temporarily designated as a handicapped
			 parking space. Identification of the handicapped space shall be by the sign
			 provided in 950 CMR 51.02(2)(c)3.