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Home My WebLink About6.2 Amend Building Code Handicap Access AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 14 , 1985 SUBJECT: PUBLIC HEARING: Amendment to Building Code Relating to Access to Buildings for the Handicapped EXHIBITS ATTACHED : 1 . Proposed Ordinance 2 . Letter soliciting comments 3 . Response from East Bay Chlapter American Institute of Architects RECOMMENDATION: 1) Hear Staff presentation 2 ) Open public hearing 3 ) Hear public testimony 4 ) Close public hearing 5 ) Waive reading and adopt Ordinance FINANCIAL STATEMENT: No fiscal impact. DESCRIPTION: Section 17958 Health and Safety Code requires the city to adopt an ordinance imposing the same requirements that have been adopted by the State Department of Housing and Community Development (HCD) . HCD has adopted regulations that require apartments meet certain standards for accessibility to buildings for the handicapped. Section 1 of this ordinance adopts those provisions of Title 24 California Administrative Code (CAC) that apply to apartments . At the present time the City is also required to enforce the provisions of Title 24 as they apply to non-residential buildings . The Uniform Building Code which has been adopted by the City contains regulations for accessibility and in some cases they are not the same . Section 2 of the ordinance will eliminate any conflict between the Building Code and Title 24 . The only respondent supports this proposed ordinance . The Ordinance was read for the first time on June 24 , 1985 . ------------------------------------z ---------------------------- ITEM NO. C.� . . COPIES TO: v 1: Al } ORDINANCE N0. ; AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 2, titre .'p x i ARTICLE 2, OF ORDINANCE NO. 02-84, BY ADDING_ `A.•NEW„ SECTION ..22 31 AND .22 .32 RELATING TO ACCESSIBILITY OF-,BUILDING TO THE PHYSICALLY HANDICAPPED The City Council of the City of Dublin does ordain as':follows: ? t Section 1 : Section 22 . 31 - Section 12 . 15, Chapter '12 , Part III , Access to Buildings and Facilities, on page . 94 is amended to read: "Buildings containing dwelling units or guest rooms shall be ,made :..:::7 accessible to the physically handicaped as required by -:Title _:24 California Administrative Code” . Whenever `there isa _conflict -. _-. between any provisions of this Code and Title 24 , the .provisions of Title 24 shall prevail . Section 2 : Section 22 .32 Section 3301 (e) ,' Chapter A3 Part VI , Building Accessibility, on page 544 'is amended to read: : ;- "Buildings or portions thereof shall be accessible:-'.to :,_-the ; physically handicapped as required by -Title 241--.California --- Administrative Code" . Whenever there is a conflict '-between':any of the provisions of this code and Title 24, the provisions of Title ' 24 shall prevail . Section 3 : POSTING OF ORDINANCE . The City Clerk of the City of Dublin shall cause this ` ordinance to be posted in at least three (3 ) public places in the Y City of Dublin in accordance with Section 36933 of the Government : ' -. Code of the State or California . PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF.-.-11` - _, -` DUBLIN ON THIS 24TH DAY OF JUNE, 1985. - AYES : 4 ' NOES : + . . ABSENT: ..Mayor ATTEST. r a City Clerk TO Ii,(TE`.?ESTED PARTIES Attached are cooi�s of three Ordinances which are proposed for At tac.. adoption by the City of Dublin . Your comments are solicited.adoots the 198 ; National Electrical Item I . This Ordinance Cod— No amendments are proposed. is Ordinance adoots the provisions of Title 22 Item 2 . T:l Ca-- 1 ornia Acminis tratC3ily Ch�ndicappedng Section Ql Spertains to to buildings to the phlsi - pertains to all other residential buildings , anc Section 2 buildings _ It is the intention of this proposal to eliminate conflicts with Title�24 and the Uniform Building Code by adopting the provisions C1. Ti d e ,; e Wends Section 12 .11 relating to _ Itez 3 . This Or�._nar.c� a ex- a—ration of permits by adding Exception 51" and renu::ber�ng ecisting Exception "l,, to Exception "2" . Section 12 . 12 is I ' ' adding. "or arrange for inspections as specified in I amended by Section 12 .15 _ " Section 12 : 15 (b) is amended by adding a r.e.� parac,aph. The purpose of Sect- these changes is to aid in making inspections of -te.- ��e work is cc:�ale=ed. work as soon as :oss4 ble ar , �, m_nc= -�s in one year. This proccsal would Typically a permit ex= _ the Budding O =icial to establish an expiration date for 1 allo:� �, e date would be established a- minor that the minor work. It is p ��o would be establis;:ed based on • the time of issuance , and the d-�� , the apCliC3I1t' S e5t1:�'4te Of time necessary t0 COm% et°- the o� . _ i i allow the Building Of -dial to refuse to This proposal would also a failed issue proposal to licensed contractors whenever they have fa . . to arrange for inspections on other completed projects . If the contractor does not arrange for inspections of minor work, it will not be inspected unt-1 after a year has passed by and the permit has expired. ell a d contraoctor. Under r his his proposal creates the problem for the follow-up usually made on ex}-red pe^nits will be co`'I''Thus,j < the shorter expiration sooner because oy ; i i 'be afforded the owners when additional protection w--- corrections are necessary. I; . . 1 it is prOCCSed tO wit:,::Old 1SSU3nC° C� Ce--�1tS �1h�'=C Fina_ly� - actors have ccns_s.ancl'1 neglected to arrange for insoec�ion cont it Of minor wor'' II t n_ e Ord- nances to hz City Counc_'- cn c present :• It i.; clanr.e tO your co^ ends by Ju:e l 1985 , so u r. � {i v!CTCR L. TAUGIiER BU:LUI:�G OFFiCI:.i. I Building Industry Association of Northern California 6379 Clark Avenue Dublin, CA 94568 i I National Electrical Contractors Assn Inc of Northern Calif 8301 Edgewater Drive Oakland, CA 94621 I Sheet Metal/Air Conditioning Cont . Nat . Assn Greater Oakland Chapt . 8301 Edgewater Drive Oakland, CA 94621 Plumbing, Heating Cooling Cont . of Alameda County 8301 Edgewater Drive Oakland, CA 94621 I American Institute of Architects , East Bay Chapter 315 - 1411-h Street Oakland, CA 94615 Frontier Termite 204 Spring Street Pleasanton, CA 94566 Hometown Termite 280 Division Street Pleasanton, CA 94566 East Valley Termite 1814 Third Street 1 Livermore, CA 94550 _ I i I i i i i 'P""19 F SAN DIEGO•SAN FRANCISCO June 6 , 1985 Mr . Victor L. Taugher !J r Development Services �.� 1 i� - P.O. Box 2340 G'��I�y��r0- y� Dublin, CA 94568 Dear Mr. Taugher: /�0'�✓D�c�,T I am in receipt of a copy of the three Ordinances which are proposed for adoption by the City of Dublin. This request was forwarded to me by the East Bay Chapter, American Institute of Architects. I am chairman of the Codes Committee, but I soeak. in this communication as an individual , since our committee has ceased meeting for the summer. The two ordinances regarding the adoption of the 1984 National Electrical Code and Title 24 of the California Administrative Code are wholeheartedly supported. I applaud your efforts toward establishing a uniform code for the City of Dublin. I also support your amendment to Chapter I , Article 2 , Section 12 . 11 ( a) and Section 12 . 12 . I would , however, like to express " some concern regarding Section 12 . 15 (b) . • As worded, this section would allow the building official to refuse to issue a permit to a contractor when said contractor has not arranged for inspection on other projects. My concern is that the contractor' s failure to perform on one project may jeopardize the progress of a second project. This could cause an undue hardship on the part of the second Owner. I believe your intent is to utilize this section for relatively small projects , such as those outlined in the proposed Section 12 . 11 . Perhaps this issue could be clarified by adding a reference to this type of work in this section. Thank you for the opportunity to respond and comment on these proposals. Sincerely, J 4 AZ�4�� Lee Schwage, AIA LS/pnk MEMBERS AMERICAN INSTITUTE OF ARCHITECTS • •131 JACKSON S7 SAN FRANCISCO CA 94111 • PO BOX 26800 1441261 •14151 2980131