Amendments To Chapter 11B

Transcription

1 Amendments To Chapter 11B Brown Bag Series #7 Rick Halloran CASp #114

2 Presenters: Rick Halloran Senior Building Inspector Supervisor TSD CASp # Betty (Wai Ching) Lee Permit Technician 2

3 What not to expect from this Brown Bag Legal advice. We will discuss Federal and State statutes but: Nothing in this series should in anyway be construed as legal advice. For questions regarding legal issues always consult an attorney. Project specific advice. Approval or disapproval of any actual project Opinions about active plan reviews or permitted work. 3

4 Chapter 11B What s coming our way? 4

5 Rulemaking ADMINISTRATIVE PROCEDURE ACT Government code section et seq. Chapter 3.5. Administrative Regulations and Rulemaking Article 1. General Article 2. Definitions Article 3. Filing and Publication Article 4. The California Code of Regulations, the California Code of Regulations Supplement, and the California Regulatory Notice Register Article 5. Public Participation: Procedure for Adoption of Regulations Article 6. Review of Proposed Regulations Article 7. Review of Existing Regulations Article 8. Judicial Review Article 8. Exemptions Article 9. Special Procedures

6 California Building Code Is Adopted and published by the California Building Standards Commission on a Triennial Cycle Year one: Model Code Is Developed and Published 2012 IBC Year two: Model Code Is Amended and adopted by State Agencies then Building Standards Commission Year Three: The code is published, local jurisdictions have 6 months to amend then it becomes law IBC CBC / 2013 SFBC - Effective 1/1/2014 6

7 The 2013 Intervening Code Cycle The Commission will receive proposed code changes from several state agencies, including (but not limited to) the Department of Housing and Community Development (HCD), the Division of the State Architect - Access Compliance (DSA-AC), the Division of the State Architect - Structural Safety (DSA-SS), the Office of the State Fire Marshal (SFM), the Office of Statewide Health Planning and Development (OSHPD), and the California Department of Public Health (CDPH) for code change consideration in the 2013 Intervening Code Cycle. Agencies can submit proposed code changes during the month of December, ( Code changes are submitted and reviewed by state agencies prior to December)The proposed code change submittals include the text of the proposed changes and justification, and are reviewed in the following phases of the adoption cycle: Pre-cycle Activities (Complete) (Agencies conduct hearings) Code Advisory Committee Review (Complete) - also see current Code Advisory Committee Members 45-Day and 15-Day Comment/Challenge Periods (Complete) Commission Review, July 22, 2014 (Complete) Commission Review, October 21, 2014 (Complete) Approved Standards (Complete) 7

8 July 1, 2015 Effective Date 2013 Intervening Code Cycle 2/1/14-3/1/14 CAC meetings and state agency re-submittals 7/1/14 CBSC Commission meeting adoption and approval 8/31/14 Final documents to the publishers 1/1/15 Title 24 publication date -All Parts 7/1/15 Title 24 - Statewide effective date of the 2013 California Code Supplements /1/13-12/31/13 State agencies initial submittals of proposed code changes and CBSC review 1/14 2/14 3/14 4/14 5/14 6/14 7/14 8/14 9/14 10/14 11/14 12/14 1/15 2/15 3/15 4/15 5/15 6/15 12/1/2013 7/1/2015 4/1/14-6/1/14 7/14-9/14 9/1/14-12/30/14 PUBLIC REVIEW Filing with Publication period Regulatory notice Secretary of State CBSC and state and public and CBSC agencies comment period(s) codification proof for accuracy 1/1/2015-7/1/2015 Statutorily required 180 day period between publication date and effective date 1. Education and training 2. Local amendment adoption and filing process CAC Committees: SDLF Structural Design/ Lateral Forces PEME Plumbing, Electrical, Mechanical & Energy HF Health Facilities GREEN Green Building BFO Building, Fire & Other ACCESS Accessibility * All dates are subject to change 8

9 California Building Code Chapter 11B

10 SCOPING: CBC Chapter One Section states : The model code, state amendments to the model code and/or state amendments where there are no relevant model code provisions shall apply to the following buildings, structures and applications shall be enforced by the appropriate enforcing agency to the extent of authority granted to such agency by the state legislature. #10 Accommodations for persons with disabilities regulated by (DSA)..see section

11 SCOPING : CBC Chapter One Section specifies the purpose of the code is to ensure barrier free design in buildings and facilities that are regulated by the code and is overseen by Division of the State Architect- Access Compliance (DSA-AC). They include; 1. Publically funded buildings, structures, sidewalks, curbs and related facilities (see through ) The authority for this is found in the California Government Code Section Privately funded public accommodations and commercial buildings ( through ) The authority for this is found in the California Health and Safety Code Section Also states that the purpose is to incorporate standards at least as restrictive as the 2004 ADAAG and the FFHAA. 11

12 AUTHORITY: Where civic funds are used by counties or other municipalities, the governing bodies are entitled to self enforcement, for example The San Francisco Mayor s Office on Disabilities or the San Mateo County Commission on Disabilities. Where private funds are utilized, the authority for enforcement lies with the Building Department. Authority is granted per Government Code

13 CALIFORNIA ACCESS REGULATIONS: Overview of Disability Rights Laws & Regulations 1961 Comparative Timeline ANSI A Civil Rights Act 1968 Fair Housing Act (FHA) Architectural Barriers Act (ABA) 1973 Rehabilitation Act 1982 California Building Code 1990 Americans with Disabilities Act (ADA) 1992 Disabled Persons Act Amended 1959 Disabled Persons Act Unruh Civil Rights Act 13

14 CALIFORNIA ACCESS REGULATIONS: Office of the State Architect charged with overseeing the building standards for publically funded buildings and privately funded non-residential buildings. 1 st California Access regulations in the Building Code July 1, 1982 California has authored it s own nonresidential access regulations from 1982 until 2014 through the DSA-AC. 14

15 CBC now uses the 2010 ADA Standards For Accessible Design as the model code. DSA s decision on the model code selection was made only after careful consideration of the three possible options of: the current California provisions within Chapters 11B and 11C, the International Building Code s Chapter 11 and associated reference standard ANSI A117.1 or the 2010 Standards for Title II and Title III Facilities: 2004 Americans with Disabilities Act Accessibility Guidelines (2010 ADAS/2004 ADAAG). As part of the process, DSA requested input from interested individuals, organizations, affected parties and stakeholders on the perceived advantages and disadvantages of the three options and their preferred option. This was done through outreach to the DSA Advisory Board s Access Committee, the California Commission on Disability Access, the Department of Rehabilitation, and stakeholder organizations representing building officials, disability advocates, design professionals, codes and standards organizations, governmental agencies, contractors, attorneys, product manufacturers, facility owners and operators and the general public. There were 408 individual responses to the request for input with preferences as follows: 1 Current California Provisions 14.2% 2 IBC Chapter 11 Provisions 20.8% ADAS/2004 ADAAG Standards 65.0%

16 CBC now uses the 2010 ADA Standards For Accessible Design as the model code CBC Chapter 11B Uses 2010 ADA Standards As Model Code (like IBC) We do not enforce ADA (See Attorney General Letter) California not deemed safe Harbor -- but close Additional Resource DSA U.S. Access Board ADA Home page Work with TSD

17 DSA has prepared several documents to help code users understand and apply the accessibility provisions. These documents will aid the code user s transition to the newly reformatted 2013 CBC Chapter 11B, clarify obligations and code requirements under the CBC, and provide background and context for accessibility issues CBC-2013 CBC Cross Reference Matrix (PDF 1.20 MB) (Word 1.46 MB) This document provides a cross reference between the accessibility provisions of the 2010 CBC and the 2013 CBC CBC Expanded Table of Contents for Chapter 11B (PDF 165 KB) (Word 77 KB) This document identifies the section number and title for each section and top-level sub-section in Chapter 11B CBC Advisory Manual (PDF 12.2 MB) (Word 15.9 MB) (recently updated for the July 1, 2015 Supplement) This document contains the 2013 CBC accessibility provisions adopted by DSA and commentary on selected requirements. Commentary is included from the 2010 ADA Standards for Accessible Design and from DSA for provisions unique to California. Note: The advisories are very helpful in making interpretations of code language, but they should not be construed as being code. They have no legal status. Note: 2013 CBC no longer references any figures, they also have no legal status. The above documents are available on :J/common/DISABLED ACCESS

18 Amendments To Chapter 11B EFFECTIVE JULY 1, 2015

19 DEFINITIONS: DSA has added a new definition for Designated Public Transportation And made changes to Specified Public Transportation definitions in order to align with definitions of the US Department of Transportation within 49 CFR 37.3 of the ADA. Designated Public Transportation refers to publicly operated transit systems and Specified Public Transportation would refer to transportation services provided by a private entity. See USDOJ advisory

20 DEFINITIONS: New definitions. 11B now covers Destination-oriented elevators. These were not covered in CBC prior to CBC covered these by exception as does the 2010 ADA standards. See 11B

21 DEFINITIONS: DSA has altered the definition of Public Housing adding constructed by and deleting item #3 which was publically owned and operated housing subject to HUD regulations. This was considered redundant and confusing. New definition for Multi-Bedroom Housing Unit reflects the trend in student housing for non traditional dormitories and includes these suite type dormitories. See 11B B

22 DEFINITIONS: BEDROOM BEDROOM BATHROOM KITCHEN BATHROOM 22

23 DEFINITIONS: New definitions for Variable Message Sign and characters. Scoping is now in 11B and the technical specifications have been added to 11B

24 DIVISION 2: 11B Exception #8: 1. Priority list for POT upgrades for projects under the threshold item #3 added or a single accessible unisex restroom. This change is consistent with the language of the 2010 ADA Standards (b) -4 -iv -3, duty to provide accessible features in the event of disproportionality. R 2. Priority list for POT upgrades for projects under the threshold item #6 added signs to the list. This is just a clarification as signs are included in the list of elements in a primary path of travel in the first paragraph of 11B and have always been considered an accessible element with the POT. 24

25 DIVISION 2: 11B Employee workstations: R This section had been incorrectly labeled work areas and incorrectly gave the impression that work areas had a limited requirement for accessibility. Clarifies that workstations (for one or a small number of employees see workstation DSA definition) need only comply with: 11B-207 (accessible means of egress) (new buildings only) 11B prewiring for visible fire alarms 11B-302 Floors or ground surfaces 11B-303 Changes in level 11B Clear width (32 no projections below 34 4 max projection above. 36 if >24 deep) Common use circulation paths must comply with the requirements for work areas - i.e. full accessible route per 11B

26 DIVISION 2: 11B Employee work areas Common use circulation path 11B Employee work stations 26

27 DIVISION 2: 11B Distance to elevators: An exception has been added to the requirement for a vertical means of access within 200 feet of a stairway in new buildings exceeding 10,000 square feet. The exception exempts stairways used for emergency egress only. This is a clarification the intent of the code is to provide access where stairs and escalators are installed in very large buildings such a shopping malls. 11B Entrances and exterior ground floor exits: R Exception #2 has been amended to no longer require a sign stating that the exit is not accessible. A new requirement has been added to require a sign complying with indicating the location of other accessible means of egress. ( New buildings only?) 27

28 DIVISION 2: 11B Elevators: R An new exception (#3) has been added which will allow destination-oriented elevators that comply with the new technical requirements in 11B B Existing elevators: R A new exception requires existing elevators that are converted to destination oriented elevators or existing destination-oriented elevators that are altered and which respond to the same console(s) to comply with 11B

29 DIVISION 2: 11B Parking for guests, employees, and other non-residents: R DSA has deleted section 11B which required accessible parking be granted to residents with disabilities upon request that included the same terms and full range of choices when assigned parking is provided to covered dwellings units. DSA states that these operational requirements are unenforceable by building officials. The requirements have been retained as a Note: with a reference to Chapter 11A to remind users that these procedures may be required to comply with the ADA. 29

30 DIVISION 2: 11B Drinking fountains: R When the 2013 code edition was published it omitted the requirements for depth of the unit (18-19 ) in 11B and for pedestrian protection (alcoves or wing walls) in 11B These references have been reinstated. 11B-213 Plumbing Fixtures: R Increases the number of required accessible fixtures in larger assembly occupancies like Theaters, Sport Arenas (Warriors), Convention Centers for : 11B Toilet Compartments - 5% no fewer than one. If > 6 ambulatory compartments shall be provided in the same number as accessible stalls. 11B Water Closets 5% no fewer than one. 11B Urinals - 10% no fewer than one. 11B Lavatories 10% no fewer than one. 30

31 DIVISION 2: 11B-215 Fire Alarms: R This section has been updated to incorporate the requirements of the Carbon Monoxide Poisoning Prevention Act of The following provisions are added for carbon monoxide detectors: 11B Transient Lodging. Requires guestrooms in transient lodgings that are required to have communication features per 11B to have Carbon Monoxide detectors per chapter 4 and visible notification. 11B Residential Facilities. Residential dwelling units required to have communication features per 11B shall have carbon monoxide detectors per chapter 4 and visible notification. (existing facilities are excepted) 31

32 DIVISION 2: 11B Parking Facilities: This is a new section that has been added to clarify the requirements for signs in parking facilities that are intended for use by pedestrians. It clarifies that directional and informational signs shall comply with 11B-216 including 11B Signs identifying permanent rooms or spaces. 11B Directional or informational signs. 11B Means of egress signs. The requirements for signs identifying accessible parking spaces are contained in 11B

33 DIVISION 2: 11B Variable Message signs: R This is a new section that add requirements of 11B for variable message signs in Transportation facilities Emergency shelters. 11B High Resolution signs to comply with 11B-03.5 (visual characters) and non-glare screens, brightness adjustment for outdoors and meet rate of change (3 sec. or 1 sec. per character) Low resolution all uppercase letters, san serif italic, height per table 11B , Character, stroke and spacing width determined by pixel count per table 11B , height of minimum 40 to baseline of lowest characters, non-glare background, light characters on dark background, cover, brightness and rate of change as for high resolution. 33

34 DIVISION 2: 11B Variable Message signs 34

35 DIVISION 2: 11B-224 Transient Lodging This section has been amended to provide better clarity specifically for 11B B clarifying that guestrooms not required to provide mobility features shall have toilet and bathing fixtures that can be touched by a person in a wheelchair. 11B clarifying that Housing at a Place of Education is a distinct section and subject to the requirements of transient lodging. 11B clarifying that Social Service Centers with temporary sleeping areas or dwelling units have a number of requirements under transient lodging. The code differentiates between more than 25 beds and more than 50 beds. 35

36 DIVISION 2: 11B-224 Baby Changing Tables: This section has been amended to require that baby changing tables comply with 11B-309 (operable parts) and 11B-902 (dining and work surfaces). Requires that they be operable with one hand, within reach ranges, 5lbs no pinching etc. It also requires knee and toe space and maximum surface height of 34 Also specifies that when deployed, the table may not reduce the required width of an accessible route, nor may they be located within an accessible compartment in a multiple accommodation toilet facility. 11B Checkout Aisles: This section which required at least one accessible aisle to be open at all times and the number of accessible aisle open at any given time to comply with table 11B has been amended to be a Note rather than a requirement. This was due to complaints that it is an operational feature and the requirement was unenforceable. 36

37 DIVISION 3: 11B Clear Floor Space: The sections has added language to clarify that clear floor or ground space may overlap and accessible route unless specifically prohibited elsewhere in the chapter. 11B Guy Braces: The sections has been amended to require a vertical guy brace or similar brace when located within or a maximum of 24 outside of a circulation path. 11B Reach Ranges for children: The sections has been added to provide suggested reach ranges for elements used primarily by children. 37

38 DIVISION 4: 11B Clear Width: The section replaces the language that was inadvertently omitted in the first printing of the 2013 code edition which required a 44 clear width for the accessible route to the accessible compartment in a multiple accommodation toilet facility. 11B Doors - Clear Width: The sections has deleted the exception that allowed a 20 minimum door for doors that do not provide full user passage. This is because such doors are not governed by this section and the 20 unintentionally restricted user from employing smaller doors for accessing chases etc.. 11B Doors opening force: The sections deleted reference to other than fire doors as it was redundant and excepted in #3 11B Handrails Ramps: The sections deleted the exception for handrails on ramps immediately adjacent to fixed seats in assemblies. 38

39 DIVISION 4: 11B Curb Ramps grooved border: The section repeals the requirement for grooved borders at curb ramps. OLD NEW 39

40 DIVISION 4: 11B Destination Oriented Elevator Systems: 11B-407 through 11B-410 multiple deletions of exceptions for Destination Oriented elevators now reserved. 11B-411 New requirements for destination oriented elevator systems. Same as AB-090 except for: 11B Touch Screen Call Consoles- touch screen directly above the accessibility function button. The button shall be 36 to 42 AFF 40

41 DIVISION 5: 11B Treads and risers: New exception allows for curved stairways with winder treads in stairs that are not part of a required means of egress. 11B Handrail extensions: Exception for returning stair handrail extensions 90 degrees when hazardous reinstated. 11B Bottom extension. Deleted typo redundant statement. 41

42 DIVISION 6: 11B Accessories: New exception allows for baby changing tables to have operable parts above 40 (48 max. per 11B-309) 11B Clearances water closet New exception clarifies that the clear space in front of a water closet in a dwelling unit that must comply with 11B (public housing) is required to be 36 deep by 60 wide. Previous code lead users to erroneously believe it had to be 48 deep in front of the water closet. Figure 11B amended by adding the word min to the height of the toilet paper dispenser. The previous diagram may have led users to believe it was 19 absolute. 42

43 DIVISION 6: 11B Compartments Additional language clarifies that maneuvering spaces must also be incorporated into the design of accessible compartments in addition to the clear space. DSA has also adopted the language of the 2010 ADA Standard and is substituting door located in the side wall or door located in the front wall for side opening and End opening respectively. Figure amended to reflect that the toe clearance may be located at the front wall or partition. 11B Sink Depth: The language sinks shall be 6 ½ deep maximum has been deleted and replaced by the requirement that knee and toe clearance per 11B-306 shall be provided. 43

44 DIVISION 7: 11B Position Deleted typo either before directly below. 11B Location: DSA has restored the exception from the 2010 ADA standards that was deleted in the 2012 code making cycle that allows a sign to be put on the push side of a door if the locations required by 11B-703 do not exist and the door has a closer but no hold open devise. (Used in old hotel motel situations) 11B ISA Code has been altered to require a color blue that approximates FS15090 rather than is exactly. No way to enforce the exact color. 11B Variable message signs. (covered under scoping, only for transportation and emergency shelters) 44

45 DIVISION 7: 11B-705 Detectable Warnings DSA has moved the color requirements of 11B into 11B as an option. Previous language stated that the domes must contrast but no figure or amount was applied. The previous language also required federal yellow but excepted curb ramps, islands and at a cut through. New language requires warnings at vehicular ways, platforms reflecting pools, bus stops and track crossings be yellow approximating federal yellow. All other areas can be approximately federal yellow or have a contrast of 70%. Added language shall extend the full width of a curb ramp run less 2 maximum on each side. Studies have shown that yellows approximate to Federal yellow are recognized almost 100% of the time even at contrasts as low as 40%. The 2 allowance is to facilitate installation. 45

46 DIVISION 8-10: 11B-804 Kitchens, kitchenettes DSA has added and wet bars to the title of the section to reflect that wet bars fall under these provisions. 11B B Added language to include Carbon Monoxide detectors as required by California law. 11B Clarifies requirement for detectable warnings at bus boarding areas. 11B Excepts pools that are completely less than 36 or greater than 48 from the lift requirement. 11B Corrected typo in seat conversion to mm. 46

47 QUESTIONS?

48 THANK YOU NEXT BROWN BAG WILL BE JULY 09, Cost Schedule Estimating Construction Cost 48