Proposed building standards

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45-DAY INITIAL STATEMENT OF REASONS


FOR

PROPOSED BUILDING STANDARDS

OF THE

DIVISION OF THE STATE ARCHITECT (DSA-AC)
REGARDING THE CALIFORNIA BUILDING CODE

CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2
2013 CALIFORNIA BUILDING CODE

INTERVENING CODE CYCLE
The Administrative Procedure Act (APA) requires that an Initial Statement of Reasons be available to the public upon request when rulemaking action is being undertaken. The following information required by the APA pertains to this particular rulemaking action:
STATEMENT OF SPECIFIC PURPOSE, PROBLEM, RATIONALE and BENEFITS:
California Government Code Section 4450 directs the State Architect to develop and submit proposed building standards to the California Building Standards Commission (CBSC) for approval and adoption pursuant to Health and Safety Code Section 18935 for the purpose of making buildings, structures, sidewalks, curbs, and related facilities accessible to and usable by persons with disabilities.
In the previous code cycle, the 2010 ADA Standards for Accessible Design was adopted as the model code for the 2013 California Building Code, Chapter 11B, Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing. The new model code was amended to carry forward provisions from the 2010 California Building Code, Chapters 11A, 11B and 11C that provided greater accessibility.
This proposed regulatory action by DSA-AC will provide greater consistency and clarity for code users by:

  • Repealing unnecessary, duplicative or conflicting provisions inadvertently introduced into the 2013 California Building Code during the previous code cycle.





  • Amending selected portions of the 2013 California Building Code to provide greater specificity.




  • Adding new scoping and technical requirements for destination-oriented elevators, variable message signs, and baby changing tables to implement existing accessibility requirements associated with these elements.




  • Codifying non-substantive editorial and formatting changes.







ITEM 1.01
Chapter 1, Division I, Section 1.2.2

Chapter 1, Division II, Section 104.11
REASON: DSA-AC is proposing to adopt Chapter 1, Division I, Section 1.2.2 and Division II, Section 104.11 for purposes of accessibility in coordination with the provisions of Chapter 11B, Section 11B-103, Equivalent Facilitation. Section 11B-103 states “Nothing in these requirements prevents the use of designs, products, or technologies as alternatives to those prescribed, provided they result in substantially equivalent or greater accessibility and usability.” The Chapter 1 Matrix Adoption Table is being amended to reflect the adoption of these existing sections.


ITEM 2.01
Chapter 2

Definition of ASSEMBLY AREA

REASON: DSA-AC is proposing to amend the definition of “assembly area” to clarify that common use conference rooms and common use meeting rooms are considered to be assembly areas. This is consistent with the Section 11B-219.2 scoping requirements which require assistive listening devices to be provided in assembly areas, including conference and meeting rooms. Additionally, in a related amendment, Section 11B-219.2 is being revised to include the term “common use” to clarify that the requirements for assistive listening devices are applicable to common use conference and meeting rooms, not to personal workstations or offices. These amendments will provide clarity and consistency for code users.


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RELATED ITEM 2.01.1
Chapter 11B

11B-219 Assistive listening systems

11B-219.2 Required systems
REASON: DSA-AC is proposing to amend this section in coordination with the related amendment to the Chapter 2 definition of “Assembly Area”. Section 11B-219.2 is being revised to include the term “common use” consistent with the definition of “Assembly Area” to clarify that the requirements for assistive listening devices are applicable to common use conference and meeting rooms. A second exception is being added to this section to clarify that the requirements for assistive listening devices are not applicable to private offices or workstations.


ITEM 2.02
Chapter 2

Definition of DESIGNATED PUBLIC TRANSPORTION

Definition of SPECIFIED PUBLIC TRANSPORTATION
REASON: DSA-AC is proposing to add a new definition for “designated public transportation vehicles” and amend the existing definition for “specified public transportation” to coordinate with definitions by the federal Department of Transportation at 49 CFR 37.3 in regulations implementing the Americans with Disabilities Act. These amendments will provide clarity and consistency for code users.


ITEM 10.01
Chapter 10

Matrix Adoption Table

REASON: DSA-AC is proposing to amend the matrix adoption table for Chapter 10 to correct an inadvertent typographical error. DSA-AC adopts the entirety of Chapter 10, Section 1007. During the previous code cycle, the 2010 CBC, Chapter 10, Matrix Adoption Table was not updated in the 2013 CBC to reflect revised model code section numbers. This amendment will provide clarity and consistency for code users.



ITEM 11B.01
Chapter 11B

11B-202 Existing buildings and facilities

11B-202.4 Path of travel requirements in alterations, additions and structural repairs, Exception 8
REASON: DSA-AC is proposing an amendment to this section to provide clarity and consistency for code users. DSA-AC is proposing to amend this section to incorporate provisions of the 2010 ADA Standards for State and Local Government Facilities: Title II regulations at 28 CFR, part 35, section 35.151(b)(4)(iv)(B) and 2010 ADA Standards for Public Accommodations and Commercial Facilities: Title III regulations at 28 CFR, part 36, subpart D, section 36.403(g)(2). These ADA regulations include the option for a “single unisex restroom” in the priority list of elements to consider when choosing which elements to upgrade. The term “accessible” is being added to clarify that the unisex restroom must be accessible.


ITEM 11B.02
Chapter 11B

11B-202 Existing buildings and facilities

11B-202.4 Path of travel requirements in alterations, additions and structural repairs, Exception 8

REASON: DSA-AC is proposing an amendment to this section to provide clarity for code users. When alterations or additions are made to existing buildings or facilities, Section 11B-202.4 requires a primary accessible path of travel to the specific area of alteration or addition. The primary accessible path of travel includes a primary entrance to the building or facility, toilet and bathing facilities serving the area, drinking fountains serving the area, public telephone serving the area, and signs. Exception 8 of Section 11B-202.4 provides relief from the requirements for a fully accessible path of travel. When the adjusted construction cost is less than or equal to the current valuation threshold, Exception 8 permits access compliance be provided to the greatest extent possible without exceeding 20 percent. A priority list of elements to consider when choosing which elements to upgrade is included in Exception 8. DSA-AC is proposing to add “signs” to the priority list of items consistent with the requirements of Section 11B-202.4.



ITEM 11B.03
Chapter 11B

11B-203 General Exceptions

11B-203.9 Employee workstations
REASON: DSA-AC is proposing to amend this section to provide clarity and consistency for code users. The 2010 CBC, Section 1123B.2 contains a provision requiring employee workstations to comply with aisle width, change of level, and entryway width requirements. An inadvertent error was introduced into 2013 CBC, Section 11B-203.9 which provides a general exception to employee work areas rather than to employee workstations. The error is being corrected to prevent any possible confusion regarding the requirements for employee work areas and workstations. The term “employee work areas” is being amended to read “employee workstations” and applicable sections references are being inserted.


ITEM 11B.04
Chapter 11B

11B-206 Accessible routes

11B-206.4 Entrances

11B-206.4.1 Entrances and exterior ground floor exits, Exception 2

REASON: DSA-AC is proposing to repeal the provision within this exception which requires a warning sign at exits in excess of those required by Chapter 10 and which are more than 24 inches above grade. A reference to Chapter 10, Section 1007.10, which contains the requirements for directional signage to indicate the route to an accessible means of egress, is being added. If the exit door leads directly to a grade-level exterior exit by means of an accessible ramp or if the exit door leads directly to an exterior area for assisted rescue there would be no need for a warning sign. If the exit door leads directly to a grade-level exterior exit by means of a stairway, 2013 CBC Section 1011.4 requires the door to be identified by a tactile exit sign with the following words “EXIT STAIR DOWN” or “EXIT STAIR UP”. An additional warning sign located at the door itself would be redundant.



ITEM 11B.05
Chapter 11B

11B-208 Parking spaces

11B-208.2 Minimum number

11B-208.2.3 Residential facilities
REASON: DSA-AC is proposing to repeal the requirements of this section which describe operational procedures associated with providing assigned accessible parking spaces on the request of residents. The provision stating that “When assigned parking is provided, designated accessible parking for the adaptable residential dwelling units shall be provided on requests of residents with disabilities” is essentially unenforceable by building officials. The original language, with a reference to Chapter 11A, is being retained as a NOTE to remind code users that operational procedures are often necessary to ensure the Americans with Disabilities Act accessibility requirements are met.


ITEM 11B.06
Chapter 11B

11B-211 Drinking fountains

11B-211.2 Minimum number

11B-211.3 More than minimum number

REASON: DSA-AC is proposing to amend this section to provide clarity and consistency for code users. In the previous rulemaking cycle two new sections were added to the technical requirements for drinking fountains, Section 11B-602.8 Depth and Section 11B-602.9 Pedestrian Protection. References to the new sections were inadvertently omitted from the Chapter 2 scoping requirements for drinking fountains. DSA-AC is proposing to amend Sections 11B-211.2 and 11B-211.3 to include references to Sections 11B-602.8 and 11B-602.9, as applicable. In addition, language is being added to clarify the provisions of this section apply only when drinking fountains are provided.



ITEM 11B.07
Chapter 11B

11B-213 Toilet facilities and bathing facilities

11B-213.3 Plumbing fixtures and accessories

11B-213.3.1 Toilet compartments

11B-213.3.2 Water closets

11B-213.3.3 Urinals

11B-213.3.4 Lavatories
REASON: DSA-AC is proposing an amendment to Section 11B-213.3 to increase the number of accessible toilet compartments, water closets, urinals and lavatories in multiple accommodation toilet facilities where, due to the type of use and occupancy, a greater number of compartments and fixtures is required. The fixture count is based on the minimum requirements in the California Plumbing Code for assembly occupancies of higher concentrations, e.g., convention halls, theaters, auditoriums etc. This amendment addresses the need for an increased number of accessible toilet facilities where, due to the number of users, wait times are excessive for persons with disabilities where only one accessible compartment or type of fixture is provided. Increase in construction cost is minimal due to the size of these multiple accommodation toilet facilities and the minimal increase required in square footage to provide for more than one accessible and ambulatory toilet compartment.


ITEM 11B.08
Chapter 11B

11B-215 Fire alarm systems and carbon monoxide alarm systems


11B-215.1 General

11B-215.4 Transient lodging

11B-215.5 Residential facilities

REASON: DSA-AC is proposing to amend this section to address accessibility provisions applicable to visible alarm notification appliances for carbon monoxide detection systems in transient lodging facilities and residential facilities as required by the Carbon Monoxide Poisoning Prevention Act of 2010 – California Health & Safety Code §§13260-13262 and 17926.

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RELATED ITEM 11B.08.1
Chapter 11B

11B-806 Transient lodging guest rooms

11B-806.3 Guest rooms with communication features

11B-806.3.1 Alarms

REASON: DSA-AC is proposing to amend this section in coordination with the related amendment to Section 11B-215 to address accessibility provisions applicable to visible alarm notification appliances for carbon monoxide detection systems in transient lodging facilities and residential facilities as required by the Carbon Monoxide Poisoning Prevention Act of 2010 – California Health & Safety Code §§13260-13262 and 17926.

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RELATED ITEM 11B.08.2
11B-809 Residential dwelling units

11B-809.5 Residential dwelling units with communication features

11B-809.5.2 Residential dwelling unit smoke detection system


11B-809.5.2.1 Activation

11B-809.5.3 Interconnection

11B-809.5.4 Prohibited use
REASON: DSA-AC is proposing to amend this section in coordination with the related amendment to Section 11B-215 to address accessibility provisions applicable to visible alarm notification appliances for carbon monoxide detection systems in transient lodging facilities and residential facilities as required by the Carbon Monoxide Poisoning Prevention Act of 2010 – California Health & Safety Code §§13260-13262 and 17926.


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RELATED ITEM 11B.08.3
WITHDRAWN

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RELATED ITEM 11B.08.4
WITHDRAWN


ITEM 11B.09
Chapter 11B

11B-216 Signs

11B-216.5 Parking

11B-216.5.1 Parking spaces

11B-216.5.2 Parking facilities

REASON: DSA-AC is proposing to add new Section 11B-216.5.2 to clarify the requirements for signs within parking facilities. Signs intended for use by pedestrians, including directional or informational signs indicating parking sections or levels, are required to comply with the requirements of Section 11B-216, including the requirements of Section 11B-216.2 for signs identifying permanent rooms and spaces, Section 11B-216.3 for directional and informational signs, and 11B-216.4 for means of egress signs. In coordination with the amendment to this section, a corresponding change is being made to 11B-216.1 to repeal Exception 2. Signs provided solely for the use of persons operating vehicles are not regulated by Chapter 11B, except for signs identifying accessible parking spaces. The requirements for signs identifying accessible parking spaces are contained in Section 11B-216.5.1.


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RELATED ITEM 11B.09.1
Chapter 11B

11B-216 Signs

11B-216.1 General, Exception 2
REASON: In coordination with the amendment to Section 11B-216.5, DSA-AC is proposing a corresponding change to 11B-216.1 to repeal Exception 2. The text of this exception is being repealed and replaced with the term “reserved” to maintain the numbering sequence. Signs provided solely for the use of persons operating vehicles are not regulated by Chapter 11B, except for signs identifying accessible parking spaces. The requirements for signs identifying accessible parking spaces are contained in Section 11B-216.5.1.


ITEM 11B.10
WITHDRAWN


ITEM 11B.11
Chapter 11B

11B-216 Signs

11B-216.8 Toilet rooms and bathing rooms
REASON: DSA-AC is proposing to amend this section to provide clarity and consistency for code users. The 2010 CBC, Section 1115B.6 contains a provision requiring geometric symbol signs at all entrances to toilet and bathing rooms. An inadvertent error was introduced into 2013 CBC, Section 11B-216.8 requiring geometric symbol signs only at the entrances to accessible restroom and bathing rooms. The error is now being corrected to prevent any possible confusion about the requirement for geometric symbol signs.


ITEM 11B.12

Chapter 11B


11B-221 Assembly areas

11B-221.3 Companion seats
REASON: DSA-AC is proposing to amend Section 11B-221.3 to add language clarifying that a companion seat must be located immediately adjacent to each required wheelchair space. This amendment will ensure that individuals with disabilities are not isolated from their companions in assembly seating areas. This amendment will provide clarity and consistency for code users.


ITEM 11B.13
Chapter 11B

11B-221 Assembly areas

11B-221.2 Wheelchair spaces

11B-221.2.5 Removable chairs
REASON: DSA-AC is proposing to repeal this section which describes operational procedures associated with placing chairs in wheelchair spaces when not occupied by persons eligible for those spaces. The provision stating that “removable seats may be placed in those areas” is essentially unenforceable by building officials. The original language is being retained as a NOTE to remind code users of the operational procedures permitted by 28 CFR, part 35, section 35.151(g)(3) 28 CFR, part 36, section 36.406(f)(3).


ITEM 11B.14
Chapter 11B

11B-224 Transient lodging guest rooms

11B-224.1 General

11B-224.1.4 Housing at a place of education, Exception 3

REASON: DSA-AC is proposing to amend this exception to clarify that it does not apply to residential dwelling units when the housing facility contains “public use or common use areas available for educational programming”.  As the exception currently reads it could be construed that such public use or common use areas are located within the residential dwelling units themselves rather than the housing facility.  The revised language makes it clear that the public use or common use areas are located within the housing facility. A related change is being made to Section 11B-233.3.6. These amendments will provide clarity and consistency for code users.


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RELATED ITEM 11B.14.1
Chapter 11B

11B-233 Residential facilities

11B-233.3.6 Graduate student and faculty housing at a place of education
REASON: DSA-AC is proposing to amend this section in coordination with the related amendment to Section 11B-224.1.4, Exception 3.


ITEM 11B.15
Chapter 11B

11B-224 Transient lodging guest rooms, housing at a place of education and social service center establishments
REASON: DSA-AC is proposing the following amendments:
1. Rename the section to clarify that it contains scoping provisions applicable to housing at a place of education and social service center establishments.

2. Renumber the section so that the hierarchy discerns Section 11B-224.7 Housing at a place of education as a discrete section within Section 11B-224 Transient lodging guest rooms, housing at a place of education and social service center establishments. Housing at a place of education that is transient in nature is required to comply with the provisions for transient lodging, but not the length of stay as defined in Chapter 2. Renumbering the section will provide clarity for the code user when applying the provisions in this section.

3. Renumber the section so that the hierarchy discerns Section 11B-224.8 Social service center establishments as a discrete section within Section 11B-224 Transient lodging guest rooms, housing at a place of education and social service center establishments. Renumbering the section will provide clarity for the code user when applying the provisions in this section.

4. Carry forward and incorporate an accessibility provision of the 2010 CBC inadvertently omitted in the development of the 2013 CBC. The 2010 CBC, Sections 1111B.4.5 and 1111B.5 required dormitory rooms to comply with the adaptability requirements of Chapter 11A. This amendment will reinstate that scoping requirement. The proposed amendment also addresses the design and construction of multi-bedroom housing units for students, which are apartments, townhouses or suites as opposed to traditional dormitory facilities with sleeping rooms for one or more students. Multi-bedroom housing units contain common use kitchens and/or toilet and bathing rooms.

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RELATED ITEM 11B.15.1
CHAPTER 2

Definition of MULTI-BEDROOM HOUSING UNIT
REASON: DSA-AC is proposing to add a definition of “MULTI-BEDROOM HOUSING UNIT” in coordination with the related amendment to Section 11B-224.7.1 and 11B-224.7.2.


ITEM 11B.16
Chapter 11B

11B-226 Dining surfaces and work surfaces

11B-226.3 Dining surfaces exceeding 34 inches in height

REASON: DSA-AC is proposing to amend this section to provide clarity and consistency for code users. The 2010 CBC, Section 1104B.5, Item 4 contains a provision requiring counter dining surfaces exceeding 34 inches in height to comply with the requirements of 2010 CBC, Section 1122B. Section 1122B contains clear floor space, knee and toe clearance, and height requirements. An inadvertent error was introduced into 2013 CBC, Section 11B-226.3 requiring counter dining surfaces to comply with the height requirements of Section 11B-902.3 only. The error is now being corrected to prevent any possible confusion. Counter dining surfaces will be required to comply with the requirements of Section 11B-902 in its entirety, including clear floor space and knee and toe clearances. In addition, the language of this section is being amended to clarify that this section applies to counter dining surfaces where food or drink is consumed, and is not limited to counter dining surfaces where food or drink is served.


: dsa -> access
access -> Ada chapter (end strikeout) (begin underline) division (end underline) 1: application and administration 11B-101 Purpose
access -> General code provisions
access -> Regarding proposed changes to the california building code california code of regulations, title
dsa -> State of california department of general services division of the state architect
access -> Intervening code cycle legend for express terms
dsa -> Review Questions for In the Time of the Butterflies Please complete a short response to each question Hand written or typed, due December 10th
access -> Division of the State Architect and Department of Rehabilitation
access -> Regarding proposed changes to the california building code california code of regulations, title
access -> Ada chapter division 1: application and administration 11B-101 Purpose


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