HomeMy WebLinkAbout3.3 Variance to Section 1711 of Building Code of Zl `x.50
AGENDA STATEMENT
MEETING DATE: October 24 , 1983
SUBJECT: Request for Variance to Section 1711 of the Building
Code and Confirm Findings of Unreasonable Hardship
Under Section 2-812 & 2-105 (b) 11 D Title 24
California Administrative Code
EXHIBITS ATTACHED : Letter from owner Mr . & Mrs . Robert Karns,
6851 Langmuir Lane
Section 1711 Building Code
� . } Section 2-812 & 2-105 (b) 11 D Title 24
1J Resolution
RECOMMENDATION : Adopt Resolution Granting a Variance to Section 1711
of the Building Code and Confirm Findings of Hard-
ship as set forth in Title 24
FINANCIAL STATEMENT : No Financial Impact
DESCRIPTION:
Mr. & Mrs . Karns are proposing to remodel the garage for use
as a day care facility for 12 children. Both the Building Code and
Title 24 , California Administrative Code require that when the use
of a building is changed, the building must meet the requirements
of the code for the new use. A new toilet facility is to be installed
. . and this must be made accessible to the handicapped. However, the
day care facility is not licensed to take care of handicapped children,
and as a practical matter, it is not feasible for handicapped persons
to take care of the children.
Section 1711 of the Building Code requires the toilet facility
to meet certain size requirements and has provisions for grab bars .
Section 2-812 of the California Administrative Code has similar
requirements . Section 2-812 also has a provision which provides that
the enforcing agency may find that compliance will create an un-
reasonable hardship. : However, Section 2-105 (b) 11 D requires this
finding must be confirmed by an appeals pr6cess .
It is the opinion of the Building Official that it is a
hardship to provide additional space and meet the other require-
ments of the above section when the facility will not be used by
handicapped persons .
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ITEM NO. 2� � COPIES TO:
October 13 , 1983
Mr . Taugher
City of Dublin
Building Department
Dublin , CA 94566
Re: Handicap Toilet at Proposed
Class Room Located in
Existing Garage.
Dear Mr. Taugher,
It is our desire at this time to have the requirements , as to the
Uniform Building Code for the State of California, waived for the
handicap toilet which you and your have pointed out to us in your
thirteen point memorandum some 2 or 3 weeks ago .
Dublin Day Nursery .is not licensed for the teaching or care of
handicapped children nor is its staff required to be by the State
of California.
The requirements for this toilet as you have so stated by the
memorandum and photo copy of floor plan as pointed out in the
Uniform Buildings Code would place a severe hardship on the much
needed floor area for classroom activities .
As you can see by our drawings on the floor plan, we are
planning to have classroom tables hinged on the wall so as to
raise and secure them to the wall. This would occur mostly
during our winter months when the children would not be able to
have outdoor activities .
We also desire to have this resolved on a local level if
possible by a meeting or ruling by the Dublin City Council at
your earliest convenience .
We wish to thank you and your fine staff is assisting us with
these matters in securing a permit for construction of this
classroom.
We believe our greatest natural resources are our children . The
preschool programs we have for these children which pass through
our doors give them one of the finest backgrounds to starting
their education.
Sincerely,
Mr . & Mrs . Robert Karns
6851 Langmuir Lane
Dublin, CA 94568
2 -
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1976 EDITION 1710.1711
Projections .
Sec. 1710. Cornices, architectural appendages, eave overhangs, ex-
terior private balconies, and similar projections extending beyond the
floor area as defined in Section 407,shall conform to the requirements of
this Section.
Projections from walls of Type I or II construction shall be of non- <'
combustible materials.
Projections from walls of Type III,IV or V construction may be of non- <'
combustible or combustible materials.
Combustible projections from walls located where protection of open- <'
ings is required shall be one-hour fire-resistive or heavy timber conform- i
ing to Section 2106.
Projections shall not extend more than 12 inches into the areas where »
openings are prohibited.
For projections extending over public property,see Chapter 45.
For combustible ornamentation,see Section 1705(d).
Water Closet Compartments and Showers
Sec. 1711. (a) Floors and Walls. In other than dwelling units, toilet
room floors shall have a smooth,hard,nonabsorbent surface such as port
land cement, concrete, ceramic tile or other approved material which ex-
tends upward onto the walls at least 5 inches. Walls within water closet
compartments and walls within 2 feet of the front and sides of urinals shall
be similarly finished to a height of 4 feet and, except for structural ele-
ments, the materials used in such walls shall be of a type which is not
adversely affected by moisture. -
(b) Toilet Facilities. Each water closet stool shall be located in a clear
space not less than 30 inches in width and have a clear space in front of the
water closet stool of not less than 24 inches.
In other than Groups R, Division 3 and M Occupancies, when toilet
facilities are provided which are accessible by a level entry, ramp or
elevator,each toilet room shall have a clear and unobstructed access of not
¢ less than 44 inches. All doorways leading to such toilet rooms shall have a
clear and unobstructed width of not less than 30 inches. Each such toilet i
room shall have the following: ,
1. A clear space of not less than 44 inches on each side of doors i Y
- °-• - - -• providing access to toilet rooms.This distance shall be measured at .;.; ° ° ••• ""' ` "-
right angles to the face of the door when in the closed position. Not #;
more than one door may encroach into the 44-inch space.
2. Except in dwelling units and guest rooms, a clear space within the
toilet room of sufficient size to inscribe a circle with a diameter not
;) less than 60 inches. Doors in any position may encroach into this
�• - space by not more than 12 inches.
3. A clear space not less than 42 inches .vide and 48 inches long in front >€
of at least one water closet stool for the use of the handicapped.
105
1
a 1711 UNIFORM BUILDING CODE
Y
* When such water closet stool is within a compartment, entry to the
^ compartment shall have a clear width of 30 inches when located at
the end and a clear width of 34 inches when located at the side. A
door,if provided,shall not encroach into the required space in front
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; NYC >.. of the water closet. Except for door swing, a clear unobstructed ac-
cess not less than 44 inches in width shall be provided to toilet com-
partments designed for use by the handicapped.
4. Grab bars near each side or one side and the back of the toilet stool
securely attached 32 inches to 34 inches above and parallel to the
floor. Grab bars at the side shall be 42 inches long with the front end 1
positioned 24 inches in front of the water closet stool. Grab bars at 1
the back shall be not less than 30 inches long. Grab bars shall have
an outside diameter of not less than 1'/ inches nor more than 1'/2 in-
ches and shall provide a clearance of 1'h inches between the grab
bar and adjacent surface. Grab bars need not be provided in Group
R,Division 1 apartment houses.
5. When it can be established that the facilities are usable by a person j
in a wheelchair}.dimensions other than those above shall be ac-
ceptable.
(c) Toilet Room Facilities. In other than Group R, Division 1, Group
M, and Group R, Division 3 apartment house Occupancies, toilet room
facilities shall be as follows:
1. Except for the projection of bowls and waste piping, a clear
unobstructed space 26 inches in width,27 inches in height and 12 in-
ches in depth shall be provided under at least one lavatory.
2. Where mirrors are provided,at least one shall be installed so that the
bottom of the mirror is within 40 inches of the floor.
3. Where towel and disposal fixtures are provided,at least one shall be
within 40 inches of the floor. r '
(d) Shower Areas. Showers shall be finished as specified in subsection -' -
4 (a) to a height of not less than 6 feet. Materials other than structural
elements used in such walls shall be of a type which is not adversely af-
fected by moisture.
F (e) Doors and Panels. Doors and panels of shower and bathtub !,
enclosures shall be substantially constructed from approved shatter-resis j-
tant materials. Hinged shower doors shall open outward.
(f) Glazing for Shower and Bathtub Enclosures. Glazing used in doors
and panels of shower and bathtub enclosures shall be fully tempered,
l laminated safety glass or approved plastic. When glass is used it shall have
a minimum thickness of not less than '%6 inch .when fully tempered, or ''/,
i inch when laminated and shall pass the test requirements of U.B.C. Stan-
dard No.54-2.
(g) Plastics. Plastics used in doors and panels of shower and bathtub l
enclosures shall be of a shatter-resistant type.
106
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BUILDING CODE 2"810'2"812 IIII
1881 EDITION STATE
r' (Part 2,Title 24,C.A.C.)
Whe n the p g re-si nal alarm is transmitted to a centralized location on the premises
rather than to a centralized location in each building,the system shall be arranged to
transmit a signal which in
either in the signal or by approved visual means the
building from which the signal was initiated. (See subsection (d) of this section f �i
relating to annunciation.) ,
4. An approved and listed fire alarm system conforming to and installed in accord-
Such "
ance with Part 3 for alerting occupants. system shall sound a local alarm in
accordance with Part 3, upon activation of an approved and listed automatic fire
extinguishing system installed throughout the building.Manual sending stations shall
not be required except for one such station located at the main administrative office
or in a centralized location on the premises.
(c) Uniform Fire Alarm Signal. 1. Except when the sounding devices of a fire
r` alarm system have a distinctive tone and are used for no other purpose,the system
shall provide the California uniform fire code signal as set forth in Sections 32002,32003 l
and 32004 of the Education Code which read as follows: .
"32002. When the signal is given by means of an apparatus emitting intermittent
sound signals, the signal shall be given by repeated successive shorn intermittent
followed
immediately Y
d of ten
10
seconds,
to be imme y
for a
full period ( ) intermis
P
signals � al is re Bated.
before the s P
be o
sion or period of silence of five (5) full seconds signal
32003. When the signal is given by means of an apparatus emitting prolonged or
continuous sound signals,the signal shall be given by prolonged whistle blast or other
sound for l seconds, d
od of silence of five (5) full before
atel y folwed by an intermission o per the signal is repeate d.
32004. In no case shall the signal be given for less than a one minute period,and
then only in the manner indicated."
2. When electrical signal circuits are used for purposes 9
of fire alarms or for fire drills,a special unit shall be provided that when activated by
the signal initiating circuit or by the operation of a special lever operated transmitting
device, will automatically sound the uniform fire code signal over all alarm signal
circuits.
(d) Annunciation. When deemed necessary by the enforcing agency having juris
diction,identification or annunciation of the location where the fire alarm signal has
been initiated or the location where interruption of the system has caused the sound-
ing of a trouble signal shall be provided at the main administrative office or central-
ized location.The system shall be.arranged to transmit a signal which indicates either
in the signal or by approved visual means,the building,floor,area,or section from
which the signal was initiated.
(e) Additions to Existing Fire Alarm Systems. All additions to any existing fire
alarm system shall conform to the provisions of Part 3.
Roof Coverings
Sec.2.810. Buildings housing Group E,Division 2 and 3 Occupancies for not more
than 20 pupils and in which children have access to the first floor only, may hBave
ordinary roof coverings meeting any of the requirements of Section 3203(f), C.
Space Heating Appliance Location
Sec.2.811. Gas,liquid or solid fuel-burning heating appliances in Group E Occu
pancies shall not be located closer than 10 feet from any required exit where only one
exit is provided.
Special Standards of Accessibility
Sec.2-812. The provisions of this section apply to educational and library facilities
and identify specific requirements of accessibility and usability which shall be pro-
vided for each of the listed occupancy uses.
Educational and library facility areas shall be made accessible to the physically
handicapped,as follows:
37
2-833 STATE BUILDING CODE 1981 EDITION 4 19
(Part 2, Title 24, C.A.C.)
EXCEPTIONS: 1. In existing buildings,when the enforcing agency determines {
that compliance with any regulation under this section would create an unreason-
able hardship,an exception shall be granted when equivalent facilitation is pro-
vided. s
2. In existing buildings,where the enforcing agency.determines because of physi-
cal constraints compliance with these regulations or equivalent facilitation would
create an unreasonable hardship these regulations shall not apply.
NOTE: See Section 2-105(b)1ID.
(a) Laboratory rooms shall have at least one work station,and one additional work 'V '
station for each 40 stations provided that is accessible to and usable by the physically u
handicapped or such work station shall be so constructed that it can be easily convert- `?
ed for such use.
EXCEPTION: Where the enforcing agency determines that it would create an
unreasonable hardship to require compliance'with these regulations for special
use rooms such as laboratory preparation rooms, supply rooms, small research
laboratories and areas containing specialized equipment not readily usable by
persons with particular physical handicaps such facilities need not comply with `
these regulations, except that a clear width of 32 inches (812.8 mm) shall be .
maintained into such rooms. ;A
(b) Teaching facility cubicles,study carrels,etc.,shall have at least one cubicle or
carrel in each group(language,dental,audio-visual,typing,drafting,dark rooms,etc.) ,
made accessible to and usable by the physically handicapped.
(c) Library general use areas such as those housing card files,book stacks,periodi-
cals,reading and reference areas,information desks,circulation counters, etc.,shall
be made accessible to the physically handicapped. 1. Open book stacks (those avail-
able to customer use) may be of normal height,but shall have main aisles no less than g
44 inches (111.7 mm) in width and side aisles no less than 36 inches (914.4 mm) in °•
width.
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EXCEPTIONS: 1. In existing buildings,shelving in the amount of not more than
15 percent of the total amount of library shelving may be located on an inaccessi- 4'-
ble mezzanine area.
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2. In existing buildings,multi-tiered,closed book stacks (those restricted to em- i+.
ployee use) are exempt from these accessibility standards. �H
2. Unless an attendant is available to assist physically handicapped persons,all book 3Z
shelving shall be located not more than 54 inches (1371.6 mm) above the floor.
Existing Group E Occupancies
Sec. 2-833. Existing buildings housing Group E Occupancies established prior to
the effective date of these regulations may have their use continued if they conform .
or are made to conform to the provisions of these regulations to the extent that c
reasonable and adequate life safety against the hazards of fire,panic and explosion is
substantially provided.Additional means of egress,the installation of automatic sprin-
kler systems,area separations,automatic fire alarm systems,or other life safety meas-
ures may be required to provide reasonable and adequate safety. a
NOTE: It is the intent of this section that every existing occupancy need not ?
mandatorily conform or be made to conform with the requirements for new
construction. Reasonable judgment in the application of requirements must be
exercised by the enforcing agency.
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2-105 STATE BUILDING CODE ;
(Part 2,Title 24, C.A.C.) 1981 EDITION 1981
r 4 r
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w • ± '` 9. HCD—Commission of Housing and Community Development.
v I �� s
a`^i
., ' Application—Hotels, motels, lodging houses, apartment houses, dwellings, em s E
G� ployee housing,and factory-built housing.
'`x '•
Enforcing A
g enc g y—Local building department or the Department of Housing and
r� Community Development. :
t �'',• Authority Cited—Health and Safety Code Sections 17921,50558 and 50559. h
Reference—Health and Safety Code Sections 17000 through 17060, 17910 through 17990,50558 and 50559.
g g
I ' 10. I ICD—Commission of Housing and Cormunity Development.
!f,
Application—Permanent build
ings an
d accessory buildings in n mobile home parks,recreational vehicle arks and campgrounds.Agency—Local building din g d e ar
and Community elopm or the Department of Housing '?
Authority Cited—Health and Safety Code Section 18300.
Reference—Health and Safety Code Sections 18000 through 18832.
11. OSA—Handica
r ! HC Aped Law Compliance,Office of the State Architect.
i II� A. Application: Publicly-funded buildings,structures,sidewalks,curbs and relat-
ed facilities. r,
NOTE: See �
Governm �
ent Code,, ith S
( ) All buildings, g related fa 4itie
structures,sidewalks,curbs a
by the use of the State, county, or municipal funds,for7the funds of constructed
Political subdivision of the State. 's
(2) All buildings,structures,and facilities,occupied 50 percent or more,which
are leased,rented,contracted,sublet or hired for periods in excess of two
f ' years by any municipal county, or State division of government or by a t
special district. The determination as to whether the building,structure,
or facility is occupied 50 percent or more shall be based upon the usable
floor area as defined in the UBC.
(3) All publicly-funded living accommodations.
NOTE: For special conditions relating to living accom
2-1213 (b). modations,see Section
(4) All publicly-funded buildings
accommodations. used for one or two family dwelling unit
purposes shall conform to the appropriate provisions applicable to living
+
(5) All existing publicly-funded buildings and facilities when alterations,struc-
tural repairs or additions are made to such buildings or facilities. This
requirement shall only apply
or addition and shall no be construed n sto mean that the entireustructure
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 and usable by hand-
icapped persons.
b. That sanitary facilities,drinking fountains,and public telephones sere- {
ing the remodeled area shall be accessible to and-usable by hand-
icapped persons.
(6) When the total construction cost of alterations,structural repairs or addi-
tions does not exceed a valuation tir o
n thresh
old of S50
1981, ... 000
"E\R US-20 Cities average construction cost based idex of 3372.02
("Engineering News Record",McGraw-Hill Publishing Co.),and the en-
forcing agency finds that compliance with this code creates an unreasona-
ble hardship compliance shall be limited to 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
used. since the last figure
10
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S 1981 EDITION STATE BUILDING CODE 2-105
(Part 2,Title 24, C.A.C.)
(7) Alterations,structural repairs or additions consisting of one of the follow-
ing shall be limited to the actual work of the project:
a. Altering one building entrance to meet handicapped requirements.
r_ b. Altering one existing toilet facility to meet handicapped requirements.
c. Altering existing elevators to meet handicapped requirements.
d. Altering existing steps to meet handicapped requirements.
1 EXCEPTION: Projects which consist only of heating,ventilating,and air con-
ditioning of existing space are not alteration projects for the purposes of hand
icapped accessibility and shall not be subject to this code.
B. Application: Privately-funded public accommodations or facilities.
NOTE: See Health and Safety Code,commencing with Section 19955.
(1) Any building, structure, facility, complex or improved area or portion
ss thereof which is used by the general public and shall include:
a. Auditoriums,convention centers and stadiums.
b. Hospitals, including but not limited to,hospitals,nursing homes, and
convalescent homes.
c. Theaters,restaurants and shopping centers.
d. Hotels and motels.
e. Passenger vehicle service stations.
f. Offices of physicians and surgeons.
g. Office buildings.
h. Public curbs and sidewalks.
(2) Any sanitary facilities which are made available for the public,clients,or
employees in such accommodations or facilities.
d (3) Any curb or sidewalk intended for public use that is constructed in this
State with private funds.
(4) All existing privately-funded public accommodations when alterations,
structural repairs or additions are made to such public accommodations as
set forth under 11,A, (5), (6),and (7) above.
EXCEPTIONS: 1. In privately-funded multi-storied passenger vehicle service
stations,shopping centers,offices of physicians and surgeons,and office build-
ings, subject to this code, floors or levels above and below the first floor or
ground level are exempt from these requirements if a ramp or elevator is not
available to provide public access to such floors or levels.
2. In privately-funded multi-storied buildings,floors or levels above the first
floor or ground level are exempt from these requirements if a reasonable
portion of all facilities and accommodations normally sought and used by the
' public in such a building are accessible to and usable by physically-hand-
icapped persons.
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 political sub-
divisions are utilized for the construction of 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 otherwise provided
above.
(3) By the building department of every city, county, or city and county
within the territorial area of its city,county, or city and 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 construc-
tion,of buildings.
EXCEPTION: The provisions of these regulations shall not apply to any porta-
ble buildings leased or owned by a school district which are not used by the
physically handicapped and which are otherwise within the scope of this sec-
11
2-105 STATE BUILDING CODE 1981 EDITION
(Part 2,Title 24,C.A.C.)
tion upon application to and when specifically approved by the Department
of Rehabilitation.
D. Special Conditions for the Physically Handicapped Requiring Appeals Action
Ratification: Whenever reference is made in these regulations to this section,
the findings and determinations required to be rendered by the local enforcing f
agency shall be subject to ratification through an appeals process.
E. Authority Cited. Government Code Section 4450.
F. Reference. Government Code Sections 4450 through 4458 and Health and
Safety Code Sections 19955 through 19959.
12. OSA—Structural Safety Section, Office of the State Architect.
SSS
Application—Public elementary and secondary school and community college
buildings.
Enforcing Agency—Structural Safety Section, Office of the State Architect.
Authority Cited—Education Code Sections 39152 and 81142.
Reference—Education Code Sections 39140 through 39156 and 81130 through
81146.
13. OSHA—Occupational Safety and Health Standards Board.
Application—Places of employment.
Enforcing Agency—Division of Occupational Safety and Health.
Authority Cited—Labor Code Section 142.3.
Reference—Labor Code Section 142.3. +
14. OSH—Office of Statewide Health Planning and Development. -
PD
Application—Clinics and health facilities.
Enforcing Agency—Division of Facilities Development, Office of Statewide
Health Planning and Development.
Authority Cited—Health and Safety Code Sections 446.3 and 15020.
Reference—Health and Safety Code Sections 446.3 and 15000 through 15023.
15. SFM—Office of the State Fire Marshal.
Application—All high rise buildings;assembly,educational and institutional build-
ings;all other occupancies when auxiliary or accessory to an assem-
bly, educational or institutional building; organized camps and
State-owned or occupied buildings including State colleges and uni-
versities;tents,awnings or other fabric enclosures used in connec-
tion with any occupancy.
Enforcing Agency—Local fire authority. State Fire Marshal where no local fire
authority and r
Authority Cited—Health and SafetyCodeSections State-owned
3108, 13116P131 r
43, 13143.6,
13211,and 18897.3.
Reference—Health and Safety Code Sections 13100 through 13146.5,13210 through
13216 and 18897 through 18897.7.
16. SHB—State Historical Buildings Code Advisory Board, Office of the State Ar-
chitect.
Applications—Qualified historical buildings and structures and their associated
sites.
Enforcing Agency–State or local agency specified by the applicable provisions of
law.
Authority Cited—Health and Safety Code Section 18959.5.
Reference—Health and Safety Code Sections 18950 through 18960.
17. YA—Department of Youth Authority.
Application Juvenile halls. i
Enforcing Agency—Department of Youth Authority.
Authority Cited—Welfare and Institutions Code Sections 210 and 1712.
Reference—Welfare and Institutions Code Sections 210 and 1712.
12
Item 3.3 Exhibit Missing
Resolution Granting a Variance to Section
1711 of Building Code and Confirm Findings
of Hardship as Set Forth in Title