Michael Ellars

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Michael Ellars, AIA, APX, CSI, CDT, LEED AP, CASp

Chapter 11B, Division 2 (Scoping)

2016 CBC Revisions:
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Chapter 11B, Division 2 (Scoping) 

Clarification of Path of Travel Exceptions

11B-202.4 Path of travel requirements in alterations, additions and structural repairs.

Exceptions:
4. Alterations solely for the purpose of barrier removal undertaken pursuant to the requirements of the Americans with Disabilities Act (Public Law 101-336, 28 C.F.R., Section 36.304) or the accessibility requirements of this code as those requirements or regulations now exist or are hereafter amended consisting of including, but not limited to, one or more of the following items shall be limited to the actual scope of work of the project and shall not be required to comply with Section 11B-202.4:

The intent of Exception 4 is to provide examples, not to establish a definitive list of excepted projects.

8. … In choosing which accessible elements to provide, priority should be given to those elements that will provide the greatest access in the following order:
    1. An accessible entrance;
    2. An accessible route to the altered area;
    3. At least one accessible restroom for each sex or a single one accessible unisex (single-user or family) restroom;
    …

This added language follows throughout Chapter 11B at all references to “unisex” toilet rooms. This revision clarifies that the larger “family” restrooms qualify as unisex facilities.

10. The cost of compliance with Section 11B-202.4 for seismic mitigation projects shall be limited to 20 percent of the adjusted construction cost.
For the purposes of this exception the adjusted construction cost of a seismic mitigation project shall not include the cost of alterations to path of travel elements required to comply with Section 11B-202.4.
When the path of travel elements for a seismic mitigation project cannot be fully upgraded to comply with Section 11B-202.4 within the 20 percent cost limitation, the priority list of Exception 8 shall be applied.

This item adds to the CBC a clause previously implemented in an Interpretation of Regulations (IR) from DSA.

10. Alterations solely for the purpose of installing electric vehicle charging stations (EVCS) at facilities where vehicle fueling, recharging, parking or storage is a primary function shall comply with Section 11B-202.4 to the maximum extent feasible without exceeding 20 percent of the cost of the work directly associated with the installation of EVCS.
Alterations solely for the purpose of installing EVCS at facilities where vehicle fueling, recharging, parking or storage is not a primary function shall not be required to comply with Section 11B-202.4.

This item adds to the CBC a clause that exempts “incidental” EVCS installations, meaning locations where such activity is not a primary function, from triggering path of travel upgrades in existing facilities. However, the wording of “at facilities where … parking or storage is not a primary function” does not seem to exempt parking garages, even when attached to or integrated with a larger building. Otherwise, you are required to spend up to 20% of your project budget related to the EVCS scope of work upgrading the path of travel to and within the area of alteration. That is because CBC Chapter 2 defines “facility” as “All or any portion of buildings, structures, site improvements, elements and pedestrian or vehicular routes located on a site. [DSA-AC] All or any portion of buildings, structures, site improvements, elements, and pedestrian routes or vehicular ways located on a site.” Therefore, it is difficult to imagine a scenario where EVCS would be provided in a portion of a building where the primary function of that portion was not related to vehicle fueling or parking.


Residential Parking

11B-208.2.3.1 Parking for residents. Where at least one parking space is provided for each residential dwelling unit, at least one parking space complying with Section 11B-502 shall be provided for each residential dwelling unit required to provide mobility features complying with Sections 11B-809.2 through 11B-809.4. Where fewer than one parking space is provided for each residential dwelling unit, parking spaces complying with Section 11B-502 shall be provided in accordance with Table 11B-208.2.

Table 11B-208.2 is the standard parking spaces table; in other words, if each unit doesn't have an assigned space, treat the residential parking facility like any other parking facility. Table 11B-208.2 is not changed.


Toilet Compartments

11B-213.3.1 Toilet compartments. Where toilet compartments are provided, at least five percent of the toilet compartments, or five percent of the combination of toilet compartments and urinals, but no fewer than one toilet compartment shall comply with Section 11B-604.8.1. In addition to the compartments required to comply with Section 11B-604.8.1, where six or more toilet compartments are provided, or where the combination of urinals and water closets totals six or more fixtures, toilet compartments complying with Section 11B-604.8.2 shall be provided in the same quantity as the toilet compartments required to comply with Section 11B-604.8.1.

This change only affects large restrooms, that is, those with more than 20 water closets (or combination of water closets and urinals).


Parking Signs

11B-216.5.1 Parking spaces. Parking spaces complying with Section 11B-502 shall be identified by signs complying with Section Sections 11B-502.6 and 11B-502.8.

Exceptions: …

11B-216.5.2 Parking facilities. Signs intended for use by pedestrians within parking facilities, including directional or informational signs indicating parking sections or levels, shall comply with the requirements of Section 11B-216. Signs within parking facilities shall comply with Section 11B-216.5.2.

11B-216.5.2.1 Signs intended for use by pedestrians. Signs intended for use by pedestrians within parking facilities, including directional or informational signs indicating parking sections or levels, shall comply with the requirements of Section 11B-216.

11B-216.5.2.2 Additional signs. Signs within parking facilities containing parking spaces complying with Section 11B-502 shall comply with Section 11B-502.8.

For clarity, Section 11B-216.5.2 is split into two separate clauses: one for signs intended to be used by pedestrians, and one for other the “additional signs” defined by Section 11B-502.8 (also known as “tow-away signs”).


Sign Exceptions at Entrances

11B-216.6 Entrances. In existing buildings and facilities where not all entrances comply with Section 11B-404, entrances complying with Section 11B-404 shall be identified by the International Symbol of Access complying with Section 11B-703.7.2.1. …

Exceptions:
1. An International Symbol of Accessibility is not required at entrances to individual rooms, suites, offices, sales or rental establishments, or other such spaces when all entrances to the building or facility are accessible and persons entering the building or facility have passed through one or more entrances with signage complying with this section.
2. An International Symbol of Accessibility is not required at entrances to machinery spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment; for example, elevator pits or elevator penthouses; mechanical, electrical or communications equipment rooms; piping or equipment catwalks; electric substations and transformer vaults; and highway and tunnel utility facilities.

DSA repealed the first exception because it conflicts with the model code 2010 ADA Standards requirement for an ISA all entrances that are required to be accessible. Entrances can be exterior or interior; the distinction can be subtle, but essentially comes down to general use. Thus, a restroom is usually considered a separate facility from its surrounding building, so an ISA is required, whereas a private office within a larger business suite is not and does not.
The second exception is deleted because it is redundant with the general scoping exception for machinery spaces at Section 11B-203.5.


Geometric Symbols at Toilet Rooms and Bathing Rooms

11B-216.8 Toilet rooms and bathing rooms. Entrances to toilet rooms and bathing rooms shall be identified by a geometric symbol complying with Section 11B-703.7.2.6. Where existing toilet rooms …

11B-216.8.1 Geometric Symbols. Geometric symbols complying with Section 11B-703.7.2.6 shall be provided at entrances to toilet and bathing rooms.

Exceptions:
1. Geometric symbols shall not be required at entrances to toilet and bathing rooms located within private or semi-private rooms or spaces. Such spaces include but are not limited to; patient sleeping rooms, transient lodging guest rooms, and residential dwelling units.
2. Geometric symbols shall not be required at entrances to inmate toilet rooms and bathing rooms in detention and correctional facilities where only one gender is housed.

See related changes in Division 7.

Further structural changes to this section are proposed for the 2018 Intervening Code Cycle, but the underlying requirements do not change.


Cleaner Air Symbol

While controversial, after careful deliberation and discussion with other state-level agencies, the Cleaner Air Symbol has been completely removed from the CBC. DSA was not able to identify any building in the State of California that uses the Cleaner Air Symbol, so its loss was not considered significant. However, a number of disability activists expressed concern over its loss.

11B-216.13 Cleaner Air Symbol.

11B-216.13.1 Use of Cleaner Air Symbol. Use of the Cleaner Air Symbol is voluntary. …

11B-216.13.2 Removal of Cleaner Air Symbol. If the path of travel, …

11B-216.13.3 Conditions of use.The Cleaner Air Symbol …

As a result of this removal, the scoping requirements for Variable Message Signs added by the 2015 intervening code cycle update are renumbered to Section 11B-216.13.


Point of Sale Devices

11B-220.2 Point-of-sale devices. Where point-of-sale devices are provided, all devices at each location shall comply with Sections 11B-309.4, 11B-707.3, and 11B-707.7.2, and 11B-707.9. In addition, point-of-sale systems that include a video touch screen or any other non-tactile keypad shall comply with either Section 11B-707.9.1.1 or 11B-707.9.1.2. Where point-of-sale devices are provided at check stands and sales and service counters required to comply with Sections 11B-227.2 and 11B-227.3, they shall comply with Sections 11B-707.2, 11B-707.3, 11B-707.7.2, and 11B-707.9. 11B-707.9.1, and shall also comply with Sections 11B-707.2, 11B-707.3 and 11B-707.4.

Exceptions:
1. Where a single point-of-sale device is installed for use with any type of motor fuel, it shall comply with Sections 11B-220.2 and 11B-309 11B-707.2, 11B-707.3, 11B-707.7.2, and 11B-707.9. Where more than one point-of-sale device is installed for use with a specific type of motor fuel, a minimum of two for that type shall comply with Sections 11B-220.2 and 11B-309 11B-707.2, 11B-707.3, 11B-707.7.2, and 11B-707.9. Types of motor fuel include, but are not limited to, gasoline, diesel, compressed natural gas, methanol, or ethanolor electricity.
2. Point-of-sale devices at electric vehicle charging stations required to comply with Section 11B-812 shall comply with Section 11B-812.10.3.

Tweaks to the scoping requirements here and the technical requirements in Division 7.


Electric Vehicle Charging Stations

11B-208.1 General. Where parking spaces are provided, parking spaces shall be provided in accordance with Section 11B-208. For the purposes of this section, electric vehicle charging stations are not parking spaces; see Section 11B-228.

The critical take-away is that even though an EVCS looks like a parking space, and may in fact have been created from one, it is not considered a parking space for purposes of providing accessible parking.

11B-228 Depositories, vending machines, change machines, mail boxes, and fuel dispensers, and electric vehicle charging stations

11B-228.1 General. Where provided, at least one of each type of depository, vending machine, change machine, and fuel dispenser shall comply with Section 11B-309. Electric vehicle charging stations shall comply with Section 11B-228.3.

It is important to understand is that EVCS fall into the “if provided must comply” category of elements. In other words, you are not required to provide EVCS, but if you do provide EVCS, then those EVCS must comply with these requirements.

11B-228.3 Electric vehicle charging stations

11B-228.3.1 General. Where electric vehicle charging stations (EVCS) are provided, EVCS shall be provided in accordance with Section 11B-228.3.

11B-228.3.1.1 Existing facilities. Where new EVCS are added to a facility with existing EVCS, the requirements of Section 11B-812 shall apply only to the new EVCS installed. Alterations to existing EVCS shall comply with Section 11B-228.3.

As long as you do not alter an existing EVCS, it does not have to comply with current code requirements.

11B-228.3.1.2 Operable parts. Where EV chargers are provided, operable parts on all EV chargers shall comply with Section 11B-309.4.

11B-228.3.2 Minimum number. EVCS complying with Section 11B-812 shall be provided in accordance with Section 11B-228.3.2. Where EVCS are provided in more than one facility on a site, the number of EVCS complying with Section 11B-228.3.2 provided on the site shall be calculated according to the number required for each facility. Where an EV charger can simultaneously charge more than one vehicle, the number of EV chargers provided shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.

Exceptions:
1. EVCS not available to the general public and intended for use by a designated vehicle or driver shall not be required to comply with Section 11B-228.3.2. Examples include, but are not limited to, EVCS serving public or private fleet vehicles and EVCS assigned to an employee.
2. In public housing facilities, EVCS intended for use by an EV owner or operator at their residence shall not be required to comply with Section 11B-228.3.2.

11B-228.3.2.1 Public use or common use EVCS. Where EVCS are provided for public use or common use, EVCS complying with Section 11B-812 shall be provided in accordance with Table 11B-228.3.2.1. Where new EVCS are installed in facilities with existing EVCS, the “Total Number of EVCS at a Facility” in Table 11B-228.3.2.1 shall include both existing and new EVCS.

Exception: All drive-up EVCS shall comply with Section 11B-812.

Table 11b-228.3.2.1: Electric Vehicle Charging Stations for Public Use and Common Use

Total Number of EVCS at a Facility1 Minimum Number (by type) of EVCS Required to Comply with Section 11B-8121
Van AccessibleStandard AccessibleAmbulatory
1 to 4100
5 to 25110
26 to 50111
51 to 75122
76 to 100133
101 and over1, plus 1 for each 300, or fraction thereof, over 1003, plus 1 for each 60, or fraction thereof, over 1003, plus 1 for each 50, or fraction thereof, over 100
Notes:
  1. Where an EV charger can simultaneously charge more than one vehicle, the number of EVCS provided shall be considered equivalent to the number of electric vehicles that can be simultaneously charged.

Educational Housing

11B-224.7 Housing at a place of education. Housing at a place of education subject to this section shall comply with Sections 11B-224.1 through 11B-224.6 and 11B-806 for transient lodging guest rooms. For the purposes of the application of this section, the term “sleeping room” is interchangeable with “guest room” as used in the transient lodging standards.

Exceptions:
1. Kitchens within housing units containing accessible sleeping rooms with mobility features (including suites and clustered sleeping rooms) or on floors containing accessible sleeping rooms with mobility features shall provide turning spaces that comply with Section 11B-809.2.2 and kitchen work surfaces that comply with Section 11B-804.3.
2. Multi-bedroom housing units containing accessible sleeping rooms with mobility features shall have an accessible route throughout the unit in compliance with Section 11B-809.2.
3.
Housing facilities that are provided by or on behalf of a place of education, with residential dwelling units leased on a year round basis exclusively to graduate students or faculty, and that do not contain any public use or common use areas available for educational programming, are not subject to Section 11B-224 and shall comply with Section 11B-233.

This is an editorial change without actual modification of the code requirements. These exceptions already exist as Sections 11B-224.7.1 and 11B-224.7.2.


Housing Tweaks

11B-233.3 Public housing facilities.

11B-233.3.1.2.4. Multi-story residential dwelling units. In elevator buildings, public housing facilities with multi-story residential dwelling units shall comply with the following:

Exception: In non-elevator buildings, a minimum of 10 percent but not less than one of the ground floor multi-story residential dwelling units shall comply with Section 11B-233.3.1.2.4, calculated using the total number of multi-story residential dwelling units in buildings on a site.

  1. The primary entry of the multi-story residential dwelling unit shall be on an accessible route. In buildings with elevators the primary entry shall be on the floor served by the elevator.
  2. At least one powder room or bathroom shall be located on the primary entry level.
  3. Rooms or spaces located on the primary entry level shall be served by an accessible route and comply with Chapter 11A, Division IV - Dwelling Unit Features.

Exception: In non-elevator buildings, a minimum of 10 percent but not less than one of the ground floor multi-story residential dwelling units shall comply with Section 11B-233.3.1.2.4, calculated using the total number of multi-story residential dwelling units in buildings on a site.

11B-233.3.4 Alterations. Alterations to a public housing facility shall comply with Section 11B-233.3.4.

Exception: Where compliance with Section 11B-809.2, 11B-809.3, or 11B-809.4 for units with mobility features or Chapter 11A, Division IV for units with adaptable features is technically infeasible, or where it is technically infeasible to provide an accessible route to a residential dwelling unit, the entity shall be permitted to alter or construct a comparable residential dwelling unit to comply with Sections 11B-809.2 through 11B-809.4 or Chapter 11A, Division IV provided that the minimum number of residential dwelling units required by Sections 11B-233.3.1.1, 11B-233.3.1.2 and 11B-233.3.1.3, as applicable, is satisfied.


Nonresidential Use in Private Residence

11B-245 Commercial facilities Public accommodations located in private residences

11B-245.1 General. Commercial facilities Public accommodations located in private residences shall comply with Section 11B-245.

11B-245.2 Application. When a commercial facility public accommodation is located in a private residence, that portion used exclusively in the operation of the commercial facility public accommodation or that portion used both for the commercial facility public accommodation and for residential purposes is covered by the new construction and alterations requirements of this chapter.

Exception: The portion of the residence used exclusively as a residence is not required to be accessible in accordance with this chapter.

The applicaiton of “public accommodation” is much broader than “commercial facility” and extends to activities that are not necessarily commercial in nature.