HomeMy WebLinkAbout6.5 Hardship Handicap Code 7160 Regional St f4o,q-v
AGENDA STATEMENT
CITY COUNCIL MEETING DATE : August 10 , 1987
SUBJECT : PUBLIC HEARING : Ratification of Building Official
Determination : Application of
Handicapped Code at 7160 Regional
Street
EXHIBITS ATTACHED : 1 . Copy of Section 2-712 of Title 24
California Administrative Code
(.CAC )
2 . Copy of Section 2- 11O ( b ) - 11D ( CAC )
3 . Partial Floor Plan of 7160 Regional
Street
4 . Draft Resolution Ratifying
Decision of Building Official
5 . Idealized floor plan showing
compliance with handicapped access
requirements .
RECOMMENDATION : 1 ) Open Public Hearing
2 ) Hear presentation by Staff
3 ) Hear Public testimony
4 ) Close Public Hearing
5 ) Deliberation by City Council
6 ) Adopt Resolution Ratifying Decision
of Building Official Granting
Unreasonable Hardship .
FINANCIAL STATEMENT : No identifiable cost to City.
DESCRIPTION : Subway Sandwiches and Salads , 3211 Crow
Canyon Place , San Ramon , proposes to remodel an existing store to
create a sandwich shop at 7160 Regional Street . State Law
requires that public accomooaTions and toilet facilities be made
accessible to the handicapped .
Section 2-712 of Title 24 CAC provides that the Building Official
may gran an unreasonable hardship where legal or physical
constraints will not allow full compliance with Title 24 .
Section 2- 11O ( b ) - 11D provides that the decision of the Building
official must be ra ified through an appeals process .
The toilet facilities in this building were built prior to the
current regulations . In order to comply, it would be necessary
to widen the toilet room from 6 ' to about 7 ' . Exhibit 5
illustrates that 28" is required between the toilet and lavatory,
also 18" is required between the wall and the centerline of the
toilet . This cannot be done because the wall which must be moved
is the common wall between the sandwich shop and the adjacent
tenant . The Building Official found this is a legal constraint
that will not allow public compliance . However , the existing
toilet facilities do meet the older standards for access .
Staff would recommend that the City Council conduct a public
hearing , receive staff report and public testimony, deliberate
and adopt the resolution .
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ITEM NO . . . COPIES TO : Brad Dranden
i Y7�:.S::i�.i;:II
y' y Special Standards of Accessibility
} r,R{1,�"
f+. �TwZneral.._ .'. 1 V„�2+.J r�i�"i,T:"+:J>.r5,!,iN�IL.;�+ •5� �V
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i ,ar tiThe!•�provisions of this section apply"to thespecified types of facilities r
dl j;'and identify specific requirements of accessibility and usability which shall be
provided for each:oF the jlisted occupancy uses Iat ,ily,' }tditrif f,
+(641b);Office Buildings and Personal and Public Service.Facilitiea::hQffice buildings
yy>' t yr4;kh 2;Y and personal and public service facilities shall conform to the provisions of this
i section. ..,. ;
.: p titsfh �9�!f1Ai219r�'J7UG72LtU'VIM i(ffi"q'id nihliirit `(iltira'ttY, '. :r'..: :
EXCEPTION.. In,existing;buildings,<<when`,the 'enforcm a enc
g g Y
rLdetermInes that,,compliance with,any:regulation under:this'.section would
,� ,,•create an'unreasonable.hardship, an exception shall:,be granted when
t„equivalent facilitation is provided.-)jWX` 3h,,a:*,2';;rTD'(}P; 'is
EXCEPTION,NO.2 In existing buildings,the provisions of this section shall
I f ',`• y ; ;k "not apply when legal or physical,constraints,will not,zllow:compliance with
cr,_.(d these ,building :standards.' -facilitation;without creating an
w a' unreasonable hardship*
t .d is,.;1;NOTE: (See 2.110(b) IID) .,s' x;i ;fir,',u.7;fin •�,�.lr i 'i! ' - .
1. Facilities Covered.,:Facilities covered in this section_are those that are used
by the public' clients,visitors or which are potentially places
y,�of employment:and shall.include,'but not be-limited to.the following .
i 'c.;..:. . ..
rcategories:'�rt°Si: .a
!rr3i:i:i:7 t..A.:All types of general and specialized business and professional offices
cincluding.those related to insurance,.Yeal.:;_estate,.attorneys, credit
bureaus,consultants,counseling and accounting. ;�.';}._:•:'... ..:.
' B. All types of sales establishments including outlets for'all general and
.',,,•;y;;!;.•special merchandise and equipment including personal and household
furnishings and supplies,,foods, sporting equipment, office supplies,
vehicles and related parts and supplies,building materials and pet shops.
r.!) C. All personal and public service facilities including banks,savings and loan
•companies, ;credit unions, newspaper and .printing establishments,
photographic. studios, laundromats, cleaning and.laundry outlets, ..
;.:,,veterinarian clinics and hospitals,auto rental agencies, travel bureaus,
bri7 :,public ,-utility ;facilities, ,police !stations :and:detention facilities,
` courtrooms,fire stations. _•:•; ,::, -nor,:a -ri s '
i
4,.4•),::2 Business and Professional Offices.;w
Areas to be made accessible include:
Tr -•,,u.i,A. Client and visitor areas and office areas, together with related toilet
K-. rooms shall be made accessible
t'l:�z <t;liB.,Conference•rooms,counseling roomslor tubules,an��d��s�u�mlar areas shall
' a vc rl icb %r be made accessible �s h k`za t u`augl 'i,.sts{9fl�,g'et 4x`irtz:
C. Employee work areas shall have a minimum of 36 inch wide clear access
except as modified in other portions of these regulations.See Subsections Y
i,t Ar .vr+1 3313(a) and,(b) of 1979 EdAtion of UBC el ril-`-jog✓i.I -{
r , ! 3. Sa_les Facilities.,r r'�
_ A. r1s'7�i y7:''
General sales,display and office areas,together with related toilet rooms,
. .V i+. .
;shall be made_accessible:;�?stt f.'•h�r'c�;c,t xl�fla_=',z'xz6�r_+s'Ti::_;•
r •u !, B. Sales employee work stations shall be located on accessible levels,and the
customer side of sales of checkout stations shall be accessible.Em to ee
P Y
t d work areas shall be sized and arras ed to provide access to employees
�� in wheelchairs g P
new construction,check stands shall be made accessible by providing
1 4 y a 36 inch aisle on the customer side of the checkstand.Where quick-check
4 1' - f check stands are provided,at
least one shall be accessible.Where regular.
check stands are provided,the cumber of check stands that are accessible
••F4 -. [t shall be as follows ``♦e>'•t�+�ti,x"`' '�i; ` -`"''y -j�.,•+-e' 1 ' •u
}. t�_ S
zi M ,crtl, tL' ;r!t�2-Zi f+JI3: f..
R TABLE 2 46:
1
z• Na dReguGr aecE NQ to be Ac=bk
9 and over
X34•
In new and existing construction accessible check stands shall always be
1 +t 4r', tr''�',} s�:rw{� =• open to�disabled customers and shall be identified by a sgn clearly visible
to those in wheelchairs.The sign shall display the international symbol of
a accessibility in white on a blue background and shall state: s check stand
to be open at all times for disabled customers.”,,t=714 isri^E^
In existing buildings where a
g gs group of sales or check stands are constructed
- _
<« adjacent to and paralleling each other in function;a minimum of one such
stand shall be made accessible to*nd usable by handicapped customers.
i���: xr '.:•-: �����*�;� :;:: v D.:Turnstiles.:.•:::s:;
NOTE See Section 2-1304(n
� c.>k i��r>�� a �I .> ;s,•
-F
Where Where shopping cart theft-prevention bamers are utilized they shall
i, _ conform to the following requirements.'
(1) Each entrance and exit provided for public use shall be accessible to
Ili .r , ' j, and usable by handicapped persons. •;" .:�'::r ,;i t,1:.r'2r.!'� (2) Shopping cart barriers located at a public entrance or eicit'shall be
� �
designed to provide a clear unobstructed opening at least 32 inches '
�{ •. 'a.,ttr[t, i``' :in width for handicapped ingress and egress.
tk':• 3jaA fi �}4\. .?n:�•
F' 3 ':• ', > t:•._?�>Z:;K; .c,tv (3) Where gates are utilized,they shall open in the direction of travel,
1 4�,a+� •i=N-- }.fit- t �i�{,x, provide a clear unobstructed opening 32 inches in width and be
�'4y{,,; maintained unlocked during business hours.Gates shall not operate
a publicly audible alarm system or require more than 5 pounds per
bi.::�^,:,'����a:�,;,F•'��,t; foot to operate. •. •.. .r...
(4) Where a clear unobstructed opening is provided,'a level area is
required on both sides of the clear opening or gate which extends a
minimum of 44 inches on each side of the opening and is at least 48
{;r7?}',(Cs>"��t .. .Pe g
y �i.,. . inches in width.
.;i'• L;1. . t �" � y, �°,�� (5) Where a gate is utilized,the level area on both sides of the clear
t, �tr� ,, s�. `� ; opening or gate shall be a minimum of 60 inches in width and extend
�' ' d�>ayyyyyy° 'p(``yp',` .r ::=a minimum of 60 inches measured From the 'pate in a closed
t ,•fir r,,� � ;4tti " position)'in the direction of the gate swing.The level area opposite
the gate swing shall be a minimum of 48 Inches in' idth and extend
`♦�`ri, t 'r �t� aii}t+}=c a minimum of 42 inches -
..rnit�..�sw��s`£.�.�61�.r
'T
(6) When a gate is used,the bottom of the gate shall be within 3 inches
0
of the-surface of the path of travel.The surface of the gate on each
side shall be smooth to present no hazard to a handicapped person
using the gate,and structurally adequate to allow It to be opened
with the wheelchair foot pedals.
(7) The path of travel to and through the clear opening or gate shall be
1, designed to prevent barriers from obstructing it and shall be
continuously maintained unobstructed during business hours.Also,
the design shall specifically prevent parked vehicles from
obstructing ingress and egress.
(8) Interior and exterior pedestrian irifficba'rriers (posts,' rails,*
turnstiles, etc.) shall allow unobstructed travel for handicapped
persons through a 32 inch clear opening.
d for male or female
F. Where fitting or dressing rooms are provide
customers at least one.(of each type) shall be accessible to and usable
7`
by handicapped persons.Entry doors shall conform to the requirements
of Section 2-3304 and aisles leading to such doors shall conform to Section
3313(a)and (b)of 1979 Edition of UB C.The bottom of mirrors provided
for handicapped use shall be not greater than 20 inches from the floor and
;, C� clothing hooks not greater than 48 inches from the floor.The minimum
dimension of the room shall be 60 inches in width and length.
EXCEPTION NO.1: Minor specialized display areas that do not exceed
200 square feet in floor area,and to which the general public is excluded,
need not be made accessible.
EXCEPTION NO.2. Offices,in sales facilities that do not exceed 5,000
square feet in total area,that are located on nonaccessible levels need not
be made accessible.
----- ......
4. Personal and Public Service Facilities.
A. Client and visitor areas, an
office areas d related toilet rooms shall be
made accessible.
B. Employee work areas shall have 36 inch wide clear access except as
modified in other portions of these regulations.
NOTE: See Section 3315(a) and (b) of 1982 Edition of UBC.
;'; • _>. _ _ 'tl 5. Public Utility Facilities.
A. Office areas, meeting rooms, and similar areas together with related
toilet rooms shall be made accessible.
B. Public tour areas, to the extent that such Public tours are conducted'
through or about a facility,or where the public is permitted to walk in
such areas,shall provide accessibility in those portions of the facility and
grounds where this occurs.
EXCEPTION NO.1: Facilities located in operational areas which would
not have any reasonable availability'to or usage by persons who use
wheelchairs for mobility are not subject to the wheelchair accessibility
requirements of these regulations.
EXCEPTION NO. 2. When the enforcing agency determines that
compliance with this subsection would create an unreasonable hardship,
an exception to such provision shall be granted wbed equivalent
facilitation is provided.
C.-Visitor overlook facilities,orientation areas and similar public use areas,
tl and any sanitary facilities, that serve these facilities, shall be made
accessible.
D. Where public parking is provided, spaces shall be provided for the
physically handicapped as specified in Chapter 2-71.
6. Police Department, I.Aw Enforcement, Fire Department Facilities, and
Courtrooms.
A. Office areas,conference rooms,classrooms,dispatch rooms,and similar
areas,along with related sanitary facilities,shall be made accessible.
—7,
B. Detention area visitor rooms shall be made accessible.
C. At least one detention cell facility with supporting sanitary facilities shall
be made accessible.
D. Courtroom areas including the judge's chambers and bench, counsel
tables,jury box, witness stand, and public seating area shall be made
accessible.
7. Miscellaneous General Standards.
A. Circulation aisles and pedestrian ways shall be sized
according to
functional requirements,and in no case shall be less than 36 inches in
clear width.
B. Storage areas are not required to meet these standards except that where
located on accessible floors or levels,the doorway providing access to
such areas shall be not less than 32 inches in clear width.
(c) Factories'and Warehouses. Factories and warehouses shall conform to the
provisions of this section.
EXCEPTION: In existing buildings,when the enforcing agency determines
that compliance with any regulation under this section would create an
unreasonable hardship, an exception shall be granted when equivalent
facilitation is provided.
1. Factories.
A. Major or principal floor areas shall be made accessible.'
B. Office areas shall be made accessible.
C. Sanitary facilities serving the above shall be made accessible.
2. Warehouses.
A. Miscellaneous warehousing areas which are located on the floor nearest
grade and those areas on other floors that are otherwise provided with
access by level entry,ramp,or elevator shall be made accessible.
B. Office areas shall be made accessible.
C. Sanitary facilities serving the above shall be made accessible.
"n (d) Group B Occupancies. Group B Occupancies used for assembly purposes,but
having an occupant load of less than 50,shall conform to the requirements as
specified in Section 2-611.
NOTE. For floors and levels in dining,banquet,and bar facilities,see Section
2522(e).
Wa
Ilk 4 11
Application
When n adopted by a State agency,the provisions of these
regulations shall be enforced by the appropriate enforcing agency but only to
the extent of authority
granted to sijch agency by the State Legislature..
The agencies listed in the adoption table at the
beginning each h Chapter of this Code;the specific scope of application-of the
Code provisions or building standards adopted by each agency;the enforcing
nsible for enforcement; and the specific statutory authority of
agency agency gency respo to adopt and enforce such provisions or building standards of this
Code, unless other statutory authority is specifically cited under a specific
Adoption Table are as follows:
1. A
CR—Departme'nt of Food and A&iculture. M*311�
on— places of meat
'AK --:j'Appbcati Dairies and plac
Enforcing Agency� DepartmI
nt'of Food and A
re:",.
Authority Cited—Agricultur6&e .
Se�tfornus 1 19 3348 31.
Reference--Agriculture Code Sections 18735,19384,'33481;and 33731.
2. BOC—Board of Corrections %
Application—Local detention facilities."V,,-t.,G.
Enforcing Agency-Board of
..........
Authority Cited—Penal Code Section 603V,,,71'.,j,
Reference—Penal Code Section 6030. H
BSC—State Building issis Coni 1=.
-,,,,-1i;11jt.AppficationState -buildings,1 including:buildings constructed-by 'the
:!;j Trustees of the California State University And Colleges and the Regents
the University of California,,where'no State agency has the authority_
Ti:.to Adopt building standards ipplicable'to such buildings,WN
.'applicable
-Enforcing rAgency..�State ;or local agency.specified-by't te:A j�
W. 1.1 G.ft�
i �provisionsofla ,'L.V:
-d Authority'cited—Heal th,and Safety Cc-;de:Sectio'n"i863i.5•',e"",
Reference—Health and Safety Code Sections 18901 ihro�ug'h
:18949
ert1 4. CA—Department of Consumei'Affairs,State Board of Cosmetology.
7 �-.Application—Schoolsofcosr�etolo&and
Enforcing Agency-=State Board of Cosmetology. ..
Authority Cited—Busmesiand Professions Code Seictions 7310 and 7311.
Reference—Business and Professions Code'Sections 7310 and 7311.
j 5..CEC---:Califomia Energy Commission:,,;'.1 ir:,-;1,1*.�jbh4k1j.ve
kA p Plication
Enforcing Agency—Locial building de' th' California Energy
department or e Califon
Commission. a' .0"
Authority Cited—Public Resources Code Sections 25402,25920'and 25922
Reference—Public Resource
s Code Sections 25402,25910,25920,25921,and
725922.
.6.-DIIS—Department of He alth Services.
.Application—Where the Department of Health Services has adopted this
.•code,it applies only to organized camps. L
EXCEPTION NO. 1:'Section',2-1717 ;applies
to:-*laboratory animal
EXCEPTION NO. 2 Chapteir 2-90 applie's to public swimming pools and
organized camps.
EXCEPTION NO. 3: Chapter-2-91 applies to radiation:protection.
:.EXCEPTION NO. 4: Chapte ri :2-92 applies'to commissaries serving
food preparation vehicles.*
:!.-EXCEPTION NO. 5: Chapter 2-9.3 applies to wild animal quarantine
facilities.
Enforcing Agency;-The Department of Health Services and the local health
officer.
Authori ty and d Safety Code Sections 102,208,436.50,188972,
lo 24102,25811,259905,and 27502.
Reference—Health and Safety Code Sections 102,208,436.50,18897A 24102,
25811,259905,and 27791.
DOE—Department ot Education.*".',*,�."..,,.
Application—Facilities for exceptional
Enforcing Agency—Bureau of.School Planning,Departme'ntof Education.
Authority•.Cited—Education Code Section 56I00.5!-,-n,--'t:
'ittion Code Section 56100.
:..Reference—Educ
8.:DOT—Department of Transportation.', -"ji
Application--Quarters for highway relocation assistance.-*
Enforcing Agency—Department of Transportation. 1,71;
Authority Cited—Government Code Section
Reference—Cove rnment Code Section 7267.8.-i
9. HCD/1—Department of Housing and Community Development.
Application—Hotels,motels,lodging houses,apartment houses,dwellings,
employee,housing, and,factory-built housing. Access and adaptability
requirements for the physically handicapped sW apply to all p vately
ri
funded apartment houses of five dwelling units constructed or
or more
$ approved for construction after the effective date of these requirements,
M,s..
Q, nts,
excluding from these regulations condominiums,Co-OpS,and town houses.
K., A. To determine the total number of dwelling units affected by these
IRA`
I % regulations,-the total number of buildings on a building site shall be
.::.A..considered as one-building.
...B. Nothing in these regulations shall be construed to require an expenditure
in excess of W per adaptable dwelling unit, based on January 1981
"ENR US 20 Average -construction.!cost I
Cities.
Index:of- 337102
,("Engineering News Record,"McCraw Hill Publishing Company) for
access and adaptability for the physically handicapped.
A builder/developer shall be required to expend up to$600 per Adaptable
dwelling unit if necessary to comply with the access and adaptability
I .R, ,:features for the physically handicapped..-!.....
3
NOTE. For exceptions relating to access and adaptability requirements
t RAM
for the physically handicapped,see Sections 2-1213(b) Exceptions 2 and
U,-M� A M z
�-V J'MaAl
40=a
3. t",xr)t 4101
'gwr
qg*4
q, C. The requirements for access 'and adaptability.for..'the i physically
handicapped shall not apply to the construction of new apartment house
ri- f. or other
'-
1 projects- which received approval by an advisory agency
appropriate local agency on.or,before six months following the
*tt
publication date of these building standards,provided application for the
. , , .`q A 'fP P ermits to construct the new apartment house projects are submitted or
filed on or before 12 months following the publication date of these
building standards.
U W�
For the purposes of these building standards,"approval"includes but is
not limited to,approval or conditional approval of a tentative subdivision
or tentative parcel map or parcel map pursuant to the Subdivision Map
Act (Division 2 commencing with Section 66410,or other pen-nit for an
t house project.)
apartmen ei J, Enforcing Agency—Local building department or the Department of
Housing and Community Development.
Authority Cited—Health and Safety Code Sections 17003.5,17921,50358,and
50559.
Reference—Health and Safety Code Sections 17000 through 17060, 17910
A,
through 17990,50558,and 50559.
10. HCD/2—Department of Housing and Community Development.
Application—Permanent buildings and accessory buildings in mobile home
4`1;1�L parks,and special occupancy parks.
Enforcing Agency—Local building department or the D
epartment of
••.
Housing and Community Development.
Authority Cited—Health and Safety Code Sections 17003.5 and 18300.
•:1.,I..-.Reference—Health and Safety Code:Sections WWthrough
18700.
11..OSA/AC-.-:A:,e'ciss P.- ccvOM M
ot.the 5tideAzthi1ec0,-
r!A. App caton—Publicly cea-Dulau-63
.-z-,t-m,-R'dewaIks,'curbs,
i,% y 4, and related facilities.
ki*,.-.q:,,,-:,NOM See Government Code,•commencing with Section 4450.
(1) All buildings,7structures,,sidewalks,-curbs,'and related facilities
constructed by the use of the State,county,or municipal funds,or
1the funds of any political subdivision of the State.")iel,
t^T.: :. All buildings,structures;and facilities,occupied 50 percent or more,
il_'? i,:i!;. which are leased rented,contracted,sublet,or hired for periods in
excess of two years by any municipal county,or State division of-
government, or by,a special district r1l
e determination as to
6 r n whether the'building structure;&facility is occupied 50 percent
or more shall be based upon the usable'floor'area as defined in the
UBC;:i*
'(3) All publ icly funded living g accommodations.'11,.
EXCEPTION: This not. apply -to any living
-accommodation which prior to July 1,11982 qualifies for one of the
following conditions
a. Received a binding"conditional or preliminary commitment of
. .... .c rl:-financing from a1unding
..........
V -)f,b. Applied for a building permit. I 'I
:"c..Commenced construction.
.1
t
NOTE. For - special :`:conditions :,`relating to living
)01" accommodations,see Section 2-1213(b).
e:(4) All publicly funded buildings used for one-or two-family dwelling
unit purposes -shall "conform to the appropriate provisions
applicable to living accommodations.
(5) All -.existing :publicly,funded .buildings and facilities when
Z!V •Si
alterations, structural repairs, or additions are made to such
a: buildings or facilities.This requirement shall only apply to a'
rea of
:specific alteration,structural repair,or addition,*and shall not be
construed to mean that the entire structure or facility is subject to
this Code. Compliance shall require:
a. That a primary,entrance to the building or facility and the
'primary path of travel to the specific area shall be accessible to
N
...-.and usable by handicapped persons.
b. That sanitary facilities,drinking fountains,and public telephones
serving the remodeled area shall be accessible to and usable by
handicapped persons.
(6) When the total construction cost of alterations,structural repairs,or
additions does not exceed a valuation threshold of$50,000,based on
,t4
January 1981-ENR US20 Cities"average construction cost index of
3372.02 ("Engineering News Record", McCraw Hill Publishing
Co.).and the enforcing agency finds that compliance with this code
i-creates an unreasonable hardship,compliance shall be limited to
M T-Sl- i vll,:111b_.i I the actual work of the project.The enforcing agency shall,annually,
update the valuation threshold to a current amount based on the
increase in the index since the last figure used.,
O'N' RUM •
(7) Alterations,structural repairs,or additions consisting of one of the
....,following shall be limited to the actual work of the project;
;.jR a. Altering one building entrance to meet handicapped
requirements..,,.
b. Altering one existing toilet facility to meet handicapped
requirements.
c. Altering existing elevators to meet handicapped requirements.
4;&d.-Altering e2dsting'stepi to meet*handicapped requirements.
fAltering existing handrails to meet handicappid requirements.
'!a h; ,EXCEPTION, Projects which itconsist;"only iof k heating,
,.Yentilating,'and air conditioning,of-existing ;space are not
alteration projects for the purposes of handicapped accessibility
and shall not he subject to this Code.%iiiA 111, (i)
`:.:i.•B.,Application=Privately funded public accommodations'or facilities.'
NOTE; See Health and Safety Code,commencing with Section 19955.
-:I.i!:1AI)..Any building;structure,,facility, complex,�or!Improved area or
ti i."portion-.thereof,,which b"used by the general public and shall
;I-liz. 'A J'�!Anclude. -a
:..
-.a. Auditoriums,convention centers,and stadiums
Hospitals,Including but not Waited to,hospitals,nursing homes,
it.and convalescent homes.';i--,.i
C. Theaters,restaurants,and shopping centers.
d. Hotels and
e. Passenger vehicle service stations.O"i'l."
t .a: uyal �
f.:OMces of physicians and surgeons:sbr,crnt +i '
i - g. Office buildings.•�;f ,�r ;aecl•+1 r»pink,fry ,j�
hr:Public curbs%and sidewalks fsa�.:r;ho�'ar►f1 r,
(2) Any sanitary facilities which are made available for the public,
' clients;or employees in such'accommodations or facilities. .:'.;p
(3) Any curb or sidewalk intended for public use that is constructed le
this State with private funds...*t .:vii
t A , 4) All existing'.r rivatel 'funded•' blic+accommodations when
# ( g' P Y 1?u
•,r 'Y�si ai alterations,structural repairs,or additions are made to such public
!,J&accommodations as set forth nnderllA(5);(6),and (7) above.
r EXCEPTION NO.'1:.In privately funded multi-storied passenger j
:;!vehicle service stations,shopping centers,offices of physicians and
surgeons;and office buildings,subject to this code,floors or levels
lyr,above'and below the first floor or ground level are exempt from
r � � #' ,' � � •.., . ,. ,•', i,,,.these requirements if a ramp of elevator is not available to provide
•:i`public access to such floors or levels.i,: cc• :r:o' :
EXCEPTION NO.2. In privately funded multi-storied buildings,
�qat '1
.,::• :•.,^:.floors or levels above the fast floor or ground level are exempt from �
. ... .'•..these requirements if a reasonable portion,of all facilities and
accommodations normally sought and used b the public in such a
Y B Y P
C;°l( rg?' a� �� building are accessible to and usable by physically handicapped
�+
� w F� , .• rsons..:�:,s•�.1 tjr:i: t� ix l �
• rx C. Enforcing Agency
` (1) By the Director of General Services where State funds are utilized
for any project or where funds of counties municipalities or other
x N b{ � Ti�•�� ' litical subdivisions are`:utilized •for .the construction of
a y= po `
N. -*• r;, elementary,secondary';or community college projects.
> ': '� "� (2) By;the governing .bodies 'thereof where funds of counties,
municipalities,or other political subdivisions are utilized except as
4 JYf f a
r x W.TNi� ,•. . . .: : otherwise provided above.
zy fi �w jyYMFS �r° r (3) By the building department of every city.'county, or city and
L;iijK y7y,'ty � "t county within the territorial area of its city,county, or city and
tT°�';� + county,where private funds are utilized."Building department"
means-the department, bureau, or 'officer'charged with the
. enforcement of laws or ordinances regulating the erection or
construction,or both the erection and construction,of buildings.
EXCEPTION: The rovisions of these regulations shall not apply
''r�_ � ix;Y,wY����e'S°*�i: •:r::'... . 1> 8ct PPY . .
to any portable buildings leased or owned by a school district which
' •°"'• are not used b the physically handicapped and which are •`1
otherwise within the scope of this section upon applicatlon to and
• when specifically approved by the Department'of Rehabilitation
'
1,;'l E pedal Cart �a a• ... �..
D. S ditions forxthe PhyslcallyHandicapped Requiring"f/�ppea�s
tbn�Ita cation '—per"°'r�eferlaii"ith .regulati
k to this aectiort"�the din and determLiations aired to be, ered
Bs
to local eriforclrtg age's"""aliall bebect"toratiAca' nitmugh an
E Authority'Cited-Covernment,Code Section 4450
F. Reference-Government Code Sections 4450 through 4458 and Health . 1
and Safety Code Sections,19955.through 19959. rx .:, ,•,,
12. OSA/SSS—Structural Safety Section,Office of the State Architect.
' M. �' Application-Public elementary and secondary schools,community college
i "ttF buildings,and Essential Services Buildings.
t " Enforcing Agency—Structural Safety Section,Office of the State Architect.
Authority Cited—Education Code Sections 39152 and 81142,and Health
and Safety Code Section 16022.., {:i i .�`,,, ; ,•
4 Reference-Education 'Code Sections 39140 through 39157,and 81130
through 81147,and Health and Safety Code Sections 16000 through 16023.
13. OSHA-Occupational Safety and Health Standards Board.
Application—Places of employment..is:—.ap '
�y= k� Enforcing Agency—Division of Occupational Safety and Health ,
'i �''x Authority Cited—labor Code Section 142.3.
} •k { Reference—Labor Code Section 1423.
� i 14. OSH/PD=Office of Statewide Health Plannung and Development
Application-Clinics and health facilities: ,
Enforcing Agency—Division .of Facilities Development, Office of
a�+' '" ,i{° Statewide Health Planning and Development. ',,,
�C '.• :� .` �; `" Authority Cited—Health and Safety Code Sections•446,2,446.3,1275,and
Reference—Health and Safety Code'Sections 446.2,446 3,1275,and 15000
through 15093. ,
15. SFM—Office of the State Fire Marshal.
' tiy ""4 Application—High-rise buildin s Assembl educational, institutional,
nit i.ist ''�;'7!. B Y.
Occupancies.
'All buildings suxiliary•:or accessory to an.Assembly,
:` }';'•'' 1wv "�$s educational or institutional occupancy.Organized camps.State'owned or
�`• ` i"'F'`,'i5 occupied buildings including State -colleges and universities. Tents,
�+•�'�s�{r••n�'•.._,.:,� g , or other fabric 'enclosures used in 'connection**with any
occupancy. Halfway Houses (Croup D Occupancy, Title:24), R
Occupancies (existing and new hotels,motels apartment houses large
�i�^ -•. 7�'•' , +• family day care homes and new dwellings).'
Enforcing Agency—Local fire authority.State Fire Marshal where no local
�`r, •..:iii. .1,�,�1 + fire authority exists or where State Fire Marshal assumes jurisdiction by
request of the local fire authority;State owned or occupied buildings.
r� •-3 ,t L;, '� Authority Cited—Health and Safety Code Sections 13108, 13116, 13143,
13143.6, 13211, 17920.7, 17921,and 18897.3.
Reference—Health and Safety Code Sections 13100 through 13146.5,13210
�+ jti,�; through 13216, 17920.7,17921"and 18896 through 18897.?.
*�i�i�tiea y4. A. c tti �. 16. SHB—State Historical Buildings Code Advisory Board,Office of the State
'Architect. ;.
Application—Qualified historical buildings and structures and .their
y+ ;`;y�? , . associated sites.
,a��"}:tr: Enforcing Agency—State or local agency specified by the applicable
l' , a..
rµi�':"� provisions of law.
<r p 'a
�.
ti��.�• .,�;��c;��'w�' Authority Cited—Health and Safety Code Section 18959.5. "
sl( c"°lr,rA " tl Reference—Health and Safety Code Sections 18950 throu h 18960. '
' ' ` 17. YA-Department of the Youth Authority.'
••,rte � � I �� .�� , . .
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------------------------------------
RATIFYING THE DECISION OF THE BUILDING OFFICIAL IN GRANTING AN
UNREASONABLE HARDSHIP IN THE APPLICATION OF THE STATE REGULATIONS
RELATING TO ACCESS FOR THE PHYSICALLY HANDICAPPED
7160 REGIONAL STREET
WHEREAS, Section 2-712 Title 24 California
Administrative Code ( CAC ) provides that the Building Official may
grant an unreasonable hardship when physical and legal constraints
prohibit compliance with the regulations pertaining to access by
the physically handicapped ; and
WHEREAS , the Building Official has determined that it
is physically and legally not possible to widen an existing toilet
room at 7160 Regional Street so as to comply with Title 24
California Administrative Code ( CAC ) ; and
WHEREAS , Section 2- 110 ( b ) - 11D of Title 24 ( CAC )
requires the decision of the Building Official to be ratified
through an appeals process .
NOW, THEREFORE , BE IT RESOLVED THAT THE Dublin City
Council does hereby ratify the decision of the Building Official
in the foregoing matters .
1987 . PASSED, APPROVED AND ADOPTED this 10th day of August ,
AYES :
NOES :
ABSENT :
Mayor
ATTEST :
City Clerk
FL a�J
Elio", l u r i iY �'�7;tl.li EMU ,. .F;. X11�R�
� 4 �f ��l���i�� a r., � �, P� r• . , ��,�
4! .�kL'S' 4w � u.u�k r,)IS+cir�
STATE BUILDING CODE 1981 EDITION 1981 EDITION ST.
(Part 2,Title 24,C.A.C.) (F
18"min
457 mm
To center of fixture
36"Bar min ;u E
920 mm I- n
N
Privacy Toilet M
OWhere the door is located in a corridor 36"Bar min
sidewall and swings into the corridor the 920 mm i
28"min minimum width of the corridor shall be
711.2 mm 1 60"(1524mm)unless other state or local
building codes allow a lesser corridor
24" width.
610 mm i
48"min clear
1220 mm
i
a ,
m i
S E 'u 1:D
EE SE I
I ^ EE
Mm
E Privacy lock on door Wall Hung Recommended
E
�m^ -{ To center of fixture 12" i
.r I 305 mm
Grab Bar
32"min clew
813 mm 33"
24"
8
610 mm 38 mm
24"
610 _ I f
17"
mm
431.8 mm m
— 482.6 mm I
12 Roll Paper Holder
I
I
min clear
820 mm 60 Level
I 1524 mn
48"min
1219.2 mm
Toilet Room Plar
Figure 7 -1A
This figure is illustrative only of the applicable Building Standards and does not delineate This figure is illustrative only of t.
the only means of complying with such standards, the only means of compiv'nq wrtt
82
-- � IT