(a) For purposes of this section, "accessible parking space" means as defined in § 4183 of this title. (b) Where an accessible parking space is required under Titles II and III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., the accessible parking space must be designed and constructed in compliance with: (1) The 2010 ADA Standards for Accessible Design issued by the Department of Justice on September 15, 2010, and its accompanying guidance. (2) Any applicable county, municipal, or Delaware building code or law. (c) No new accessible parking spaces may be installed, and no existing accessible parking spaces may be restriped, repainted, resurfaced or otherwise altered, until the county or municipal authority having jurisdiction over the construction or alteration of commercial buildings has issued a permit authorizing such action and confirming that any accessible parking spaces are in compliance with subsection (b) of this section. A county or municipal authority may allow subsequent restriping, repainting, or resurfacing of a lot that has been permitted in accordance with this section at least once without a permit where no change is made to the parking plan and the property remains compliant with the requirements of this section. (d) Upon completion of the work subject to permit, the public agency issuing the permit shall verify compliance by either conducting an on-site inspection or independently confirming compliance by use of documentation and photographic evidence submitted by the entity to whom the permit was issued, provided that the documentation and photographic evidence is sufficient to adequately assess such compliance. The enforcement agency may adopt a model form published by the State Council for Persons with Disabilities in consultation with the Architectural Accessibility Board to standardize submission of verifying documentation and photographic evidence. If the submitted documentation and photographic evidence is not sufficient to confirm compliance, an on-site inspection must be conducted. (e) All existing parking spaces that are not in compliance with subsection (b) of this section by September 25, 2030, are in violation of this section. (f) In lieu of a permit under subsection (c) of this section, any facility covered under the Architectural Accessibility Act, Chapter 73 of Title 29, must receive a letter of approval from the Architectural Accessibility Board that confirms compliance with this section. (g) A county or municipal government may assess a civil penalty of up to $500 for a violation of this section. Before imposing a fine, the county or municipal government must allow 90 days for the responsible party to cure the violation. (h) Nothing in this section requires a county or municipality to conduct code inspections apart from its usual and customary practice for promoting building code compliance. Nothing in this section prohibits a county or municipality from charging fees associated with permits and compliance verification. (i) Nothing in this section prohibits any state, municipal, or local government or agency from adopting more stringent standards for accessible parking than those imposed by this section and applicable federal law, nor shall it prohibit any private or public entity from providing more accessible parking spaces than are required by this section or other applicable code or regulation. (j) Each accessible parking space sign that is required under this section must display the current maximum fines established in § 4183(f) of Title 21.
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