A Mandan man has filed a petition with the Mandan City Commission calling for a new ordinance requiring entrances of newly constructed buildings to be accessible to persons with disabilities.

Frank Herauf is a quadriplegic who has been in a wheelchair since 1973 as the result of a car accident.

Herauf submitted the petition Thursday, a day before the deadline, that would put the matter on the November ballot for Mandan voters.

Herauf said he was able to collect about 254 signatures, more than the required 200.

He said his action was prompted by numerous instances of being unable to enter businesses in Mandan because he needs a wheelchair to get around.

"I rarely shop in Mandan at all because I can't get into these stores," Herauf said.

He said there are many more people in his position and, as Mandan continues to grow, it's an issue that will become increasingly important.

Herauf enlisted the help of community activist and Morton County Commission candidate Susan Beehler.

Beehler said she helped prepare some of the language in the petition, in part because of some of the same issues within her own family.

"I've always had a real interest in trying to help people stay mobile," she said.

Beehler said the ordinance would call for electric doors on new buildings, as well as ones under remodeling or renovation, including all that receive taxpayer funding.

Beehler said buildings or businesses that receive tax incentives or other financial considerations through the city are included.

She said it seems that the city is the mode of trying attract building projects geared toward the elderly, and it's an issue that goes hand-in-hand with aging.

"We need to address the issues that go along with that," Beehler said.

She said that when looking at long-range plans like renaissance zones and store front improvement programs, accessibility for persons with disabilities must be addressed.

"This is public funding," she said. "It's not too much to ask for."

Royce Schultze is the executive director of the Center for Independent Living in Bismarck.

He said the Americans with Disabilities Act (ADA)of 1990 outlines accessibility issues in its Title II, which deals with public building such as schools and libraries, and in its Title III, which deals with new construction.

Schultze said even so, there are no stipulations that require privately-owned buildings to have electric doors.

There are a lot a gray areas, Schultze said, when it comes to how ADA is interpreted and enforced.

For instance, he said ADA also covers parking areas for disabled persons. The ADA standard is the slope can be no more than 2 percent. But in most cases, Schultze said the parking areas that have sprung up with the influx of new businesses don't come close.

He said in the case of business entrances, the door is only the beginning. Schultze said many times there are steps up or down right inside the door, as well as restrooms that may not be accessible.

Door weight is not quantified under ADA either, he said, only that it must be "manageable."

Schultze said business owners could install buzzers that could be sounded when someone needs assistance.

"Is that the best solution?" he said. "Probably not. It's a tough situation.

"I've been in a wheelchair for 28 years and I know how much it limits your options."

Mandan City Manager Jim Neubauer said he received the petition but it's an unusual situation.

He said in most cases, petitions call for amending existing ordinances, but there is no ordinance on the books now relating to this issue.

Neubauer said the petition will be forwarded to the city attorney for review.

(Reach reporter Brian Gehring at 250-8254 or brian.gehring@;bismarcktribune.com.)