Janis Kent, Architect, FAIA, CASp © April , 2024
There are instances where there is something specifically stated in the California Building Code, and then at a later date it disappears. So do you use the former code as guidance or forget it ever existed?
Now of course this depends. I would not forget it exists, but one needs to look along a rabbit trail of where it could possible be located now, or whether it was actually deleted, or even actually in the code, but rather in an advisory somewhere. The example I am thinking of is the California Tow Away sign. It currently states under 11B-502.8.2 Lettering.
“Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or special license plates issued for persons with disabilities will be towed away at the owner’s expense. Towed vehicles may be reclaimed at: _________________________ or by telephoning _______________________.”
Blank spaces shall be filled in with appropriate information as a permanent part of the sign.
At one point, whether in the CBC advisory manuals or elsewhere, it stated the “…at:________…” should have the towing address infilled, but that disappeared. What I have been seeing over the last few years is that the “..at:________…” is being in-filled with the towing company name, not actually an address.
Sometimes, more information is located in the statutes that did not actually make it into the CBC. An item to note, regarding the CA tow-away sign, if you look at the CA Vehicle Code Section 22511.8 (3)(e), it specifically states the address, even though it is no longer in the CBC, and that the phone number is the local law enforcement agency’s number.
Except as provided in Section 22511.9, the posting required for an offstreet parking facility owned or operated either privately or by a local authority shall consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height which clearly and conspicuously states the following: “Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or special license plates issued for persons with disabilities will be towed away at the owner’s expense.
Towed vehicles may be reclaimed at: ____________(Address)
or by telephoning: ____________(Telephone number of local law enforcement agency)
So, the “…at:____________” is to be an address, although not specifically stated what address. And the telephone number is to be the local law enforcement, not the towing company. It definitely is not the towing company name. Here is the link for the State Vehicle Section.
The other item that is of interest, is in the same section, but under (c) of the Section, is that if the offstreet parking facility is privately owned, the owner or person responsible for the facility is to notify the police or sheriff’s department and then ‘may cause the removal of a vehicle from the designated space…to the nearest public garage…’. The same is true under section (d) for parking in a publicly owned offstreet garage. And be aware, that this is only applicable to off-street parking, whether public or private. It will be interesting to see what happens to accessible on-street parking, since that has been determined to be a program of a public entity and accessible spaces are to be provided as well.
So with all of this said, be aware of state statutes as well, even if not in the building code. And one other item to note – per CA Government Code Section 4452, if something is non-compliant, then it has to be rectified within 90 days of discovery.
Be aware that your local City or County may have additional requirements that are more restrictive than the State or Federal requirements. Also, this article is an interpretation and opinion of the writer. It is meant as a summary – current original regulations should always be reviewed when making any decisions.
© Janis Kent, Architect, FAIA, CASp April, 2024 |