KEARNS, Utah — A 71-year-old Kearns man says a wheelchair ramp that gave him his freedom is now under scrutiny by city officials who say it may not meet safety standards.
Allen Nielsen reached out to FOX 13 News, saying he’s done everything right and believed the ramp met both ADA and city requirements. “For two years, I was confined to the house,” Nielsen said. “I couldn’t go out to dinner with my wife. I couldn’t attend church. Things that people do every day, I was kept out of that — until I got the ramp.”
Earlier this month, Nielsen said he received a compliance order from the city stating the ramp had been installed without the proper permits. “I was unaware of it,” he said. “I thought I was just adding a means of getting in and out of the house.”
City officials said their concern isn’t access, it’s safety. In a statement, the city said they’re working with Nielsen to resolve issues with the ramp and handrail so it can remain in use.
“Our goal is to make sure the ramp is safe and compliant so it can continue to be used by the resident and any visitors to the home,” the statement sent to FOX 13 News on Tuesday said.
The city said it follows the 2021 International Residential Code and ANSI standards, which set guidelines for the safety of residential structures such as ramps, decks, and stairs.
Nielsen said the company that installed the ramp told him it already meets ADA and local guidelines and noted that the requested changes could make the ramp less stable. The company did not respond to a request for comment.
“Apparently, I’m not allowed to do anything in my yard to change the structure of the house without their authorization,” Nielsen said. “Personally, I think that’s government overreach.”
Nate Crippes, a public affairs supervising attorney with the Disability Law Center, said cities generally have the flexibility to waive certain permitting or code requirements as a reasonable accommodation.
As for Nielsen, he says he hopes to have more of a say as the process continues. “I didn’t have a choice, didn’t have a voice,” he said.
