DSA Code Amendment Development, November 15, 2016

DSA Code Amendment development

Internal Form DSA 66(iss. 01-26-15)Page 1 of 43

DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

The Division of the State Architect (DSA) has prepared initial drafts of proposed code amendments for the 2016 Intervening Code Adoption cycle. The draft of each amendment is presented with the current code language, the suggested text of the proposed amendment, the code text if adopted and a rationale for the proposed change. The code amendments are listed below and may be discussed at the Access Code Stakeholder Forum scheduled for November 15, 2016.

There are no revisions to the proposals and no new amendments added to the proposal package except as identified below.

DSA has amended the following proposed code amendments:

• CBC Ch. 11B, Sect 11B-604.7 – Feminine Hygiene Disposal Units
• Revised code text and figure
• CBC Ch. 11B, Sect 11B-812.8.1 – Identifications signs for EVCS
• Revised rationale
• CBC Ch. 11B, Sect 11B-245.3 – Public accommodations in private residences
• Revised underline notation in section labeled Suggested Text of Proposed Amendment
  

DSA welcomes comments and suggestions on the initial drafts of the proposed code amendments, before, during or after the Forum. You may join the Forum in person at DSA Headquarters, via video conference from DSA’s Regional Offices in Oakland, Los Angeles and San Diego, or via teleconference. The details for participation and comments are provided on the Agenda for the Forum.

Index of Code Amendments

• Chapter 2, Section 202 – Definition of Accessible Route
• Chapter 2, Section 202 – Definition of Accessible
• Chapter 2, Section 202 – Definition of Maximum Extent Feasible
• Chapter 2, Section 202 – Definition of Sign
• Chapter 2, Section 202 – Definition of Technically Infeasible
• Chapter 9, Section 907.4.2.2 Exception – Manual fire alarm boxes
• Chapter 10, Section 1010.1.5 Exception 6 – Doors, floor elevation, exception at equipment spaces
• Chapter 11B, Section 202.4 Exception 2 – Path of travel, immediately preceding edition, clarification
• Chapter 11B, Section 11B-203.9 – Employee workstations, receptacles and switches
• Chapter 11B, Section 11B-206.2.1, 11B-206.4.10, 11B-208.1 Exc., 11B-503.5 – Use of term “Passenger Drop-off and Loading Zone”
• Chapter 11B, Section 11B-212.3 – Exposed pipes and surfaces under sinks
• Chapter 11B, Section 11B-213.3.4 – Exposed pipes and surfaces under lavatories
• Chapter 11B, Section 11B-233.3.1.2.4 Item 2 – Multi-story residential dwelling units
• Chapter 11B, Section 11B-245.3 – Public accommodations in private residences
• Chapter 11B, Section 11B-306.2.3 Exception 2, 11B-306.3.3 Exception 2 – Toe and knee clearance at picnic tables
• Chapter 11B, Section 11B-404.2.4.3 – Maneuvering clearance at recessed doors and gates
• Chapter 11B, Section 11B-502.6.4 – Accessible parking, identification, marking
• Chapter 11B, Section 11B-604.7 – Feminine hygiene disposal units
• Chapter 11B, Figure 11B-703.7.2.1 – ISA dimension points
• Chapter 11B, Section 11B-703.7.2.6 –Toilet and bathing facilities geometric symbols
• Chapter 11B, Figure 11B-705.1(a) – Truncated dome height
• Chapter 11B, Section 11B-812.5.2 – Accessible route to EV charger
• Chapter 11B, Section 11B-812.8.1 – Identification signs for EVCS

DSA Code Amendment development

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

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Applicable Code

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

Current Code Language

ACCESSIBLE ROUTE. [DSA-AC)] A continuous unobstructed path connecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and useable by persons with other disabilities. Interior accessible routes may include corridors, hallways, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks of vehicular ways, walks, ramps and lifts.

Suggested Text of Proposed Amendment

ACCESSIBLE ROUTE. [DSA-AC)](begin strikeout) A continuous unobstructed pathconnecting accessible elements and spaces of an accessible site, building or facility that can be negotiated by a person with a disability using a wheelchair, and that is also safe for and useable by persons with other disabilities . Interior accessible routes may include corridors, hallways, floors, ramps, elevators and lifts. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks of vehicular ways, walks, ramps and lifts(end strikeout) (begin underline) A continuous path that complies with this code.(end underline)

Code Text if Adopted

ACCESSIBLE ROUTE. [DSA-AC)]A continuous path that complies with this code.

Rationale

DSA received a Petition to revise this definition for consistency with model code language. The Petitioners stated that the current definition does not require compliance with “. . . specific standards of accessibility found in Chapter 11 . . .” and requires highly subjective determinations by building officials on whether or not a route can be “negotiated by a person with a disability using a wheelchair.”

DSA concurs with the Petitioner’s request to revise the definition to require compliance with the “. . . specific standards of accessibility . . .”

The model code for California’s disability access building standards, the 2010 Americans with Disabilities Act Standards (2010 ADAS), does not have a definition of the term “accessible route”. The current 2016 California Building Code instead provides extensive scoping and technical provisions that fully describe how an accessible route is to be designed, constructed and maintained. In drafting the proposed amendment the Petitioner’s reference to Chapter 11 (a reference to the accessibility provisions in the International Building Code) has been broadened to include the entire code, as there are accessibility provisions in other chapters and reference standards.

Comments

DSA:

• Research indicates that variations of the current definition have been consistently used in past editions of the code. For example, the definition in the 1997 edition of the code reads as follows:

• “ACCESSIBLE ROUTE OF TRAVELis a continuous unobstructed path connecting in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe and usable by persons with other disabilities, and that is consistent with the definition of path of travel in Section 217.”

• The 2010 California Building Code used the following definition:

• “ACCESSIBLE ROUTE OF TRAVEL is a continuous unobstructed path connecting in an accessible building or facility that can be negotiated by a person with a severe disability using a wheelchair and that is also safe and usable by persons with other disabilities, and that is consistent with the definition of “Path of Travel” in this section. Interior accessible routes may include corridors, hallways, floors, ramps, elevators, lifts and clear floor space at fixtures. Exterior accessible routes may include parking access aisles, curb ramps, crosswalks of vehicular ways, walks, sidewalks, ramps and lifts. An accessible route does not include stairs, steps or escalators.”

• Whilethe 2010 ADAS does not have a definition of the term “accessible route”, the International Building Code provides the following definition:

• “ACCESSIBLE ROUTE.A continuous, unobstructed path that complies with Chapter 11.”

• This formed the basis for the suggested text of the proposedamendment.

DSA Code Amendment development

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Applicable Code

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

Current Code Language

ACCESSIBLE. [DSA-AC)] A site, building, facility, or portion thereof that is approachable and useable by persons with disabilities in compliance with this code.

Suggested Text of Proposed Amendment

ACCESSIBLE. [DSA-AC)] A site, building, facility, or portion thereof that (begin strikeout) is approachable and useable by persons with disabilities in compliance(end strikeout) (begin underline) complies(end underline) with this code.

ACCESSIBLE. [DSA-AC)]A site, building, facility, or portion thereof that complies with this code.

Rationale

During consultation with stakeholders DSA received comments asserting the term “persons with disabilities” was derogatory and requested it be removed from the definition. DSA also received comments on other closely related definitions seeking closer alignment with the federal standards.

While DSA does not concur that the term “persons with disabilities” is derogatory, revising the definition as proposed will provide alignment with the federal standards and clarify that compliance with the code is required for a building site or facility to meet its obligations for accessibility.

Comments

• DSA:Research into past editions of the code indicates the term “persons with disabilities” has been consistently used in the definition of “Accessible”. The definition in the 1997 through 2010 editions of the code reads as follows:
  “ACCESSIBLE is approachable and useable by persons with disabilities in compliance with this code.”
  The definition was updated during the 2013 code adoption cycle to align with the 2010 ADA Standards and to preserve existing California requirements. The definition in the 2010 ADA Standards reads as follows:
  “Accessible. A site, building, facility, or portion thereof that complies with this part.”
  The 2013 definition, as proposed by DSA and adopted by the Building Standards Commission, integrated the prior state language with that of the federal standards, resulting in the current language shown above.

DSA Code Amendment development

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

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Applicable Code

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

Current Code Language

None.

Suggested Text of Proposed Amendment

(begin underline) MAXIMUM EXTENT FEASIBLE.The occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).(end underline)

Code Text if Adopted

MAXIMUM EXTENT FEASIBLE.The occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, or those who have other impairments).

Rationale

DSA has received comments indicating the phrase “to the maximum extent feasible” lacks specificity. DSA is proposing to add the definition of “Maximum extent feasible” for additional clarity where the term is used in Chapter 11B of the California Building Code. The proposed definition incorporates clarifying language from the Americans with Disabilities Act – 28 CFR Part 36, Subpart D, §36.402(c).

Comments

• 28 CFR Part 36, Subpart D, §36.402(c):
  “To the maximum extent feasible. The phrase “to the maximum extent feasible,” as used in this section, applies to the occasional case where the nature of an existing facility makes it virtually impossible to comply fully with applicable accessibility standards through a planned alteration. In these circumstances, the alteration shall provide the maximum physical accessibility feasible. Any altered features of the facility that can be made accessible shall be made accessible. If providing accessibility in conformance with this section to individuals with certain disabilities (e.g., those who use wheelchairs) would not be feasible, the facility shall be made accessible to persons with other types of disabilities (e.g., those who use crutches, those who have impaired vision or hearing, orthose who have other impairments).
  
• The phrase “to the maximum extent feasible” is used in the following CBC Chapter 11B locations:
• Section 11B-202.3 Exception 2
• Section 11B-232.2.1.3
• Section 11B-812.5.4 Exception 2

DSA Code Amendment development

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

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Applicable Code

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

Current Code Language

SIGN [DSA-AC]An element composed of displayed textual, symbolic, tactile, and/or pictorial information.

Suggested Text of Proposed Amendment

SIGN [DSA-AC]An element composed of displayed textual, (begin underline) verbal,(end underline) symbolic, tactile, and/or pictorial information.

Code Text if Adopted

SIGN [DSA-AC]An element composed of displayed textual, verbal, symbolic, tactile, and/or pictorial information.

Rationale

During the 2015 Rulemaking Cycle DSA inadvertently deleted reference to “verbal” signs when the definition of SIGNAGE was amended to SIGN; DSA is proposing to reintroduce the reference to verbal signs in the definition of SIGN.

Comments

• 2013 California Building Code excerpt:
  Chapter 2, Section 202 Definition of SIGNAGE: Displayed verbal, symbolic, tactile, and/or pictorial information.
  

DSA Code Amendment development

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

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Applicable Code

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

Current Code Language

TECHNICALLY INFEASIBLE.An alteration of a building or a facility, that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements for new construction and which are necessary to provide accessibility.

Suggested Text of Proposed Amendment

TECHNICALLY INFEASIBLE.An alteration of a building or a facility, that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements (begin strikeout) for new construction and which are necessary to provide accessibility(end strikeout)(begin underline) of this code.(end underline)

TECHNICALLY INFEASIBLE.An alteration of a building or a facility, that has little likelihood of being accomplished because the existing structural conditions require the removal or alteration of a load-bearing member that is an essential part of the structural frame, or because other existing physical or site constraints prohibit modification or addition of elements, spaces or features that are in full and strict compliance with the minimum requirements of this code.

Rationale

DSA received a Petition to revise this definition for consistency with the model code language in the 2010 ADA Standards. The Petitioners believe the current reference to “. . . requirements . . . which are necessary to provide accessibility” is inconsistent with the ADA definition, making it more difficult to interpret and enforce. They also believe that this phrase, which was carried forward from the 2010 and earlier editions of the California Building Code, is superfluous and adds nothing to the meaning, because wherever accessibility is required it must comply with the building standards.

DSA has received other comments from code users that the reference to “new construction” in the current definition is also inappropriate. The code applies to work in both new and existing facilities and reference to compliance with the code removes confusion that the provisions might not apply for work in existing facilities.

DSA concurs with the Petitioner’s assessment and has revised the definition as indicated above.

Comments

DSA Code Amendment development

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

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Applicable Code

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DIVISION OF THE STATE ARCHITECTDEPARTMENT OF GENERAL SERVICESSTATE OF CALIFORNIA

Current Code Language

907.4.2 Manual fire alarm boxes.

907.4.2.2 Height. The height of the manual fire alarm boxes shall be not less than 42 inches (1067 mm) and not more than 48 inches (1219 mm) measured vertically, from the floor level to the highest point of the activating handle or lever of the box. Manual fire alarm boxes shall also comply with Section 11B309.4.11B-309.

Exception: [DSA-AC] In existing buildings there is no requirement to retroactively relocate existing manual fire alarm pull boxes to a minimum of 42 inches (1067mm) and a maximum of 48 inches (1219 mm) from the floor level to the activating handle or lever of the box.

Suggested Text of Proposed Amendment

907.4.2 Manual fire alarm boxes.

907.4.2.2 Height. The height of the manual fire alarm boxes shall be not less than 42 inches (1067 mm) and not more than 48 inches (1219 mm) measured vertically, from the floor level to the highest point of the activating handle or lever of the box. Manual fire alarm boxes shall also comply with Section (begin strikeout) 11B309.4.(end strikeout) (begin underline) 11B-309. (end underline)