by: Terry McLean, Legislative Chair

Have you ever read a section of code that you disagree with or it doesn’t make sense to you? I’m sure many of us have. But, how many of us are willing to actually take the time to do something about it? I worked for an employer that used to say that you shouldn’t complain about something unless you are willing to be a part of the solution to fix it. Wise words from a wise woman.

When it comes to Title 24 Building Standards, there is a process in place to do just that. There are as many as fourteen state agencies responsible for proposing code amendments to the California Building Standards Commission for inclusion into the various codes. Two of the agencies that we are all most familiar regarding accessibility are the Department of Housing and Community Development (HCD) and the Division of the State Architect (DSA). Although the processes for all agencies are similar, we will focus on that of DSA for accessibility.

As we all know, per State law, DSA is responsible for developing and proposing the building accessibility standards related to public buildings, public accommodations, commercial buildings, and public housing. This does not happen in a vacuum.  DSA accepts proposals for code change amendments from the public on an ongoing basis. To start the process, DSA Form 665 (https://www.documents.dgs.ca.gov/dgs/fmc/gs/dsa/DSA_665.pdf) may be completed and emailed to DSAAccess2019@dgs.ca.gov. The form should be filled out as completely as possible. Comments and justifications should be as clear and concise as possible. DSA will review the proposals and may move forward in the process with all, some, or none of the proposals.

DSA may set-up a task force(s) when warranted to review specific items to obtain input from the various stakeholders (the disabled community, enforcement agencies, architects, building owners, etc.). A recent task force to review requirements related to truncated domes was the Detectable Warning Regulation Task Force.

DSA will also submit proposed amendments to the Access Code Collaborative (ACC) for their input. The ACC was established to assist DSA during the rule making process.

Once DSA decides on which of the various code amendments to move forward, they will be presented for public comment in an Access Code Stakeholder Forum meeting.  These meetings are open to the public for comment. The first forum for the 2019 Intervening Code Adoption Cycle is set for July 9th, and if necessary, July 10th.  The proposed draft amendments are available on the DSA website.

Based on the comments received from the forum meeting(s), DSA may revise their draft amendments which will then be submitted to the Building Standards Commission (BSC). The next step in the process is for the accessibility Code Advisory Committee (CAC) to review the proposed amendments. During the CAC Meeting, DSA will present their proposals to the committee for their comments. This meeting is also open to the public for comments.

DSA may revise their draft proposals again. These revised proposals will then be submitted to the BSC who will post them on their website for the 45 Day Public Comment period. The public may submit written comments during this period. If minor changes are suggested, the amendment may be revised and move forward to the 15 Day Public Comment period. If significant changes are required, another 45 Day Public Comment period may be necessary. DSA may also withdraw an amendment from consideration if further study is warranted.

After the close of all public comment periods, DSA will prepare its final rulemaking documents which will, once again, be submitted to the BSC. A BSC commissioners meeting will be held where the commissioners will consider each proposal for adoption and the public may comment. Those amendments that are approved will then be adopted into the building standards.

If you have never had the opportunity to attend any of the public comment meetings, it is highly recommended that you do.  It can be an eye-opening experience. What may be thought of as a ‘no brainer’ change may become a very heated debate. You will come away appreciating the efforts of DSA. These meetings are often well attended by the disability community, sometimes by business interests, but not so well attended by code users and enforcing agencies. Let your voice be heard!

by: Al Thompson, Director of Public Outreach

You have demonstrated your knowledge of ADA & California Accessibility Standards and you are comfortable with doing business in your primary vocation, but what about providing CASp services to the GENERAL PUBLIC?

Are you meeting the needs of your community? Are you fully complying with DSA’s best practices manual? Do your interpretations agree with other CASps in your area? Should your interpretations agree with others in your area? As a CASp in California, you play in many sandboxes and are required to consider more than just current code. This can cause a feeling of loneliness to creep in.

To avoid this loneliness, we suggest you start a local meeting to get to know local CASps in your area and to share issues, concerns and solutions. 

As the director of Public Outreach, CASI has allotted me funds to help you get started. We can work together to set-up your first meeting and reach out to local CASps in your area. 

You may also sort through the list of CASps professionals provided by DSA.  

The immediate result is having a few individuals to confirm your “future” interpretations. 

If you are interested in starting up a local meeting in your area, please email me directly at: alt@apolloada.com.

by Michael Loomis, CASp, SE, CBO
Principal Structural Engineer, CSG Consultants, Inc. (www.csgwebsite.com)

The design and enforcement of accessibility in the public right-of-way is challenging.  Besides the physical and regulatory challenges, there is often confusion among local agencies about the applicable standards and who enforces them. 

Does the CBC Govern construction in the Public Right-of-Way?

One common misconception is that the accessibility provisions found in Chapter 11B of the California Building Code do not apply to work in the public right-of-way.  This misconception is reinforced by some of the scoping provisions of CBC Section 1.1.3 which indicate that the provisions of the code apply only to “buildings or structures and any appurtenances.”  Since public right-of-way elements are not customarily buildings or structures, Section 1.1.3 is used as a justification for discounting the use of the CBC altogether.

However, a careful reading of the governing state laws and the California Building Code clearly defines the role of Chapter 11B in design and enforcement of accessibility in the public right-of-way.

To start, Government Code , Title 1, Division 5, Chapter 7 [4450-4461], which establishes the role of DSA in developing accessibility standards, states that:

“Except as otherwise provided by law, buildings, structures, sidewalks, curbs, and related facilities subject to the provisions of this chapter or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code shall conform to the building standards published in the California Building Standards Code relating to access for persons with disabilities and the other regulations adopted pursuant to Section 4450 that are in effect on the date of an application for a building permit. With respect to buildings, structures, sidewalks, curbs, and related facilities not requiring a building permit, building standards published in the California Building Standards Code relating to access for persons with disabilities and other regulations adopted pursuant to Section 4450, and in effect at the time construction is commenced shall be applicable.” [GC 4451(c)]

The California Building Code mirrors this requirement in scoping for public right-of-way through Section 1.9.1.1.

“…Publicly funded buildings, structures, sidewalks, curbs and related facilities shall be accessible to and usable by persons with disabilities…”

Further support is found in the definition, in CBC Chapter 2, where Place of Public Accommodation includes “a public curb or sidewalk.”  Clearly, CBC Chapter 11B applies to all publicly owned development including curbs and sidewalks within the right-of-way.  It should be stressed also that a building permit is not needed to “trigger” compliance with the California Building Code such as routine maintenance and rehabilitation of existing curbs and sidewalks.

Who Enforces Accessibility in the Public Right-of-Way?

If the applicability of Chapter 11B to public curbs and sidewalks is unknown to some jurisdictions, who is responsible for enforcing those standards is even more confusing.  As with all aspects of the Building Standards Codes, accessibility under Chapter 11B throughout the public right-of-way is under the authority of the local building department.  Health and Safety Code Division 13, part 5.5 [19955 – 19959.5], regarding access to public accommodations, states:

“The building department of every city, county, or city and county shall enforce this part within the territorial area of its city, county, or city and county. The responsibility for enforcing Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code in its application under this part shall be by such building department within the territorial area of its city, county, or city and county.” [HSC 19958]

Regardless of whether it is a public or private development, the Building Department is responsible for enforcement of accessibility under the CBC.  If the Building Official chooses and it is supported by the city or county, staff from other agencies may be deputized to oversee public right-of-way accessibility under CBC 103.3.

Communication

Accessibility in the public right-of-way is very complicated.  In order to provide a barrier-free environment, designers need to navigate existing topography, infrastructure constraints predating accessibility, and overlapping federal, state and local requirements.  The key to this challenge is clear and open communication.  All agencies within a jurisdiction as well as outside designers and contractors should be actively engaged in addressing these challenges.

One common scenario is a new private development adjoining an existing public sidewalk.  Accessible routes that connect the site to the public right-of-way need to provide compliant transitions, landings, and routes within the public right-of-way.  Designers should carefully assess the existing conditions adjoining the site and work with the city or county agencies to address accessibility.

The use of the California Building Code does not supersede any other federal or state requirements for providing disabled access.  For publicly owned or operated buildings and spaces there are more stringent requirements for maintaining and upgrading the built environment to provide barrier removal.  Cities and counties need to maintain their transitions plans and refer to them when contemplating work with the public right-of-way.

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