BILL ANALYSIS Ó AB 764 Page 1 Date of Hearing: April 7, 2015 ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS Susan Bonilla, Chair AB 764 (Quirk) - As Introduced February 25, 2015 NOTE: This bill is double-referred, and if passed by this Committee, it will be referred to the Assembly Committee on Insurance. SUBJECT: Commercial parking lots: design: insurance discount. SUMMARY: Authorizes the California Building Standards Commission (CBSC) to adopt building standards to require that the installation of bollards be added to the list of considerations in the design of any new commercial property parking lot. EXISTING LAW 1)Establishes the CBSC within the Department of General Services, and requires any building standard adopted or proposed by state agencies to be submitted to, and approved by, the CBSC prior to codification into the California Building Standards Code (CBC). (Health and Safety Code (HSC) Section 18920; 18930) AB 764 Page 2 2)Requires the CBSC to adopt, approve, codify, and publish building standards providing the minimum standards for the design and construction of state buildings, including buildings constructed by the Trustees of the California State University and, to the extent permitted by law, to buildings designed and constructed by the Regents of the University of California. (HSC Section 18934.5) 3)Requires the State Fire Marshall to develop building standards to implement the state's fire and life safety policy, and transfers any responsibilities of the State Fire Marshal to adopt building standards through a formal rulemaking process to the CBSC. (HSC Section 18949.2) THIS BILL 1)Authorizes the CBSC to adopt building standards to require that the installation of bollards be added to the list of considerations in the design of any new commercial property parking lot. 2)Defines "bollard" as a short vertical post placed to protect buildings or pedestrians from collisions by motor vehicles. 3)Authorizes an insurer to consider the installation of bollards on a commercial property parking lot as a safety measure eligible for a discount on the property owner's rates for insurance covering liability arising out of the ownership, maintenance, or use of the commercial property. FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel. AB 764 Page 3 COMMENTS 1)Purpose. The author is the sponsor of this bill. According to the author, this bill "seeks to provide awareness of storefront crashes and encourage the use of safety bollards in building design. A bollard is a vertical pillar or safety device most often made of steel and concrete and is installed in a footing in the ground and placed in a line?to block a vehicle from crossing into a pedestrian, shopping or seating area, or into a building. Specifically, AB 764 would add bollard installation to this list of considerations in the design of any new commercial property parking lot. Additionally, it would authorize an insurer to consider these bollards as a safety measure eligible for discounted building insurance rates. By doing this, AB 764 will reduce the number of storefront crashes." 2)Background. Vehicle-into-Building Crashes. According to the Texas A&M Transportation Institute (TTI), "With 500 people reportedly killed each year by vehicles crashing into retail stores, sidewalk cafes, hair salons and other businesses, low speed barrier crashes have been called 'one of the largest unaddressed safety issues in the country.'" According to TTI, these accidents occur most frequently when a driver is entering or leaving a parking space perpendicular to a building, and even at relatively low speeds, can cause serious injury or death. However, TTI notes that simple, preventative measures can protect pedestrians, store employees, and patrons from being injured or killed when thee accidents occur. In recognition of the safety risks posed by errant vehicles and the increasingly important use of protective barriers as a way to prevent or minimize the damages from these types of accidents, the American Society for Testing and Materials International (ASTM), an international standards development organization, in conjunction with the researchers at TTI, AB 764 Page 4 recently approved a test standard, known as the Test Method for Low Speed Barriers for Errant Vehicles, to set parameters for bollards, barriers, and other devices most often seen protecting storefronts and high-traffic pedestrian areas to help standardize the use of protective barriers. Prior to the adoption of this standard, there was no objective way to evaluate the effectiveness of vertical pipes, decorative planters, and other devices that could serve to protect a business from damages caused by a vehicle-into-building collision. According to the Storefront Safety Council, more than 60 vehicle-into-building crashes occur each day, resulting in over 3,650 injuries per year. Most often, these storefront crashes involve pedal or other driver error, with elderly drivers accounting for nearly half of all storefront crashes. According to the author, while building codes already exist that have design standards to protect gas meters, fire hydrants, and chemical tanks, few localities have established appropriate standards for protection of building occupants. While many major retailers in the United States already use impact protection devices, other commercial property owners have been slower to recognize the problem or have been awaiting government guidelines on which preventative measures to adopt. California Building Standards. The California Building Standards Law establishes the CBSC and the process for adopting state building standards. Under this process, state agencies propose building standards for building types under their jurisdiction, beginning with a model code developed by a national code-writing entity which the agency proposes amendments to reflect California's needs. The CBSC must then AB 764 Page 5 adopt, modify, or reject those standards. The state agencies involved in the development and proposal of building standards include the following: 1) the Department of Housing and Community Development (for hotels, apartments, and dwellings); 2) the Division of the State Architect (for public schools, community colleges, and accessibility in public accommodations and public housing); 3) the Office of the State Fire Marshal (for life and life safety for hotels, apartments, dwellings, and assembly and high-rise buildings); 4) the Office of Statewide Health Planning and Development (for hospitals and clinics); 5) the Department of Consumer Affairs, and various boards therein (for certain places of business); and 6) the California Department of Public Health (for camps, public swimming pools). In addition, other state agencies, including the California Energy Commission, the State Lands Commission, and the Department of Water Resources, develop and adopt their own building standards, which are approved by the CBSC. However, not all buildings fall under the general jurisdiction of a relevant state agency. For example, many commercial occupancies may fall under the jurisdiction of the State Fire Marshall for fire and panic safety standards, and under the Division of State Architects for accessibility standards, but are not part of any state agency's general jurisdiction. The CBSC is responsible for developing building standards for state owned buildings, including University and State College buildings, and for developing green building standards for most buildings except for housing, public schools, and hospitals. The CBSC publishes in Title 24 of the California Code of Regulations the CBC every three years, and its supplements, such as the California Green Building Standards Code, in intervening years. The building codes apply to all building occupancies, and related features and equipment throughout the state, and set requirements for structural, mechanical, electrical, and plumbing systems, and require measures for AB 764 Page 6 energy conservation, green design, construction and maintenance, fire and life safety, and accessibility. 3)Prior Legislation. AB 1092 (Levine), Chapter 410, Statutes of 2013, required the Department of Housing and Community Development to propose mandatory building standards for the installation of future electric vehicle charging infrastructure for parking spaces in multifamily dwellings, and required the CBSC to adopt those standards in addition to standards for nonresidential development. AB 2644 (Butler) of 2011 would have required the CBSC to adopt building standards for the construction, installation, and alteration of electric vehicle charging stations for parking spaces in single-family residential real property, in accordance with prescribed requirements. (Note: This bill was held in the Assembly Housing and Community Development Committee.) ARGUMENTS IN SUPPORT. The Storefront Safety Council writes in support, "Our own research shows that vehicle-into-building crashes occur as many as 60 times per day in the United States. Often caused by pedal or other driver error, these accidents are almost always preventable. As we have reported in conjunction with Texas A&M University and ASTM, more than 3,600 pedestrians, store patrons, and employees are seriously injured every [year] ---and as many as 500 more are killed - in these types of preventable accidents. AB 764 supports builders, designers, and developers in considering safety barriers for preventing storefront crashes." In addition, Farrell's Ice Cream Parlour Restaurants , who also writes in support of the bill, recounts a tragic accident that took place on April 25, 2014, at a Farrell's Restaurant in Buena Park. This vehicle-into-building crash took the life of Marisa AB 764 Page 7 Manalo, a grandmother who brought her three grandchildren to Farrell's, severely injured two of her three grandchildren, who were all pinned under the car, and also resulted in the severe injury of three other individuals. Farrell's writes that the "accident was totally preventable had the building code required the installation of a bollard in front of the disabled parking area. Marisa would be alive today to enjoy her grandchildren had a simple $500 bollard been installed. This is why AB 764 is so important." ARGUMENTS IN OPPOSITION None on file. IMPLEMENTATION ISSUES. The term "bollard" is not currently used in the CBC. However, other similar terms, such as "vehicle barrier," are used within the CBC, and may provide greater flexibility with the types of protective barriers that may be used to protect against vehicle crashes, such as horizontal devices, including blocks or planters, in addition to other types of vertical barriers, such as posts. For example, Section 406 of Chapter 4 of the CBC provides height, situational, and location requirements for vehicle barriers in public parking garages, and Section 1607.8.3 of Chapter 16 of the CBC requires vehicle barriers to be designed to resist certain loads. As a result, the author may wish to consider amending the language to provide for this flexibility as suggested below. In addition, while it is clear that the CBSC is the state entity responsible for adopting and publishing all building standards, it is unclear whether CBSC's jurisdiction would include proposed building standards for commercial property parking lots. It is AB 764 Page 8 also unclear whether there currently exists a "list of considerations" in the design of a new commercial property parking lot. As a result, the author may wish to consider whether the bill should be amended to more accurately reflect the CBSC's jurisdiction and to grant the CBSC greater flexibility adopting these building standards, as suggested below. In addition, the author may wish to consider whether CBSC should consult with the Office of the State Fire Marshall, which is responsible for fire and panic safety standards, or the Division of State Architects, which is responsible for accessibility standards, including standards for parking, in developing these standards. SUGGESTED COMMITTEE AMENDMENTS. On page 2, strike lines 5-6 and insert, "vehicle barriers are considered in the design of any new public parking lots." On page 2, line 7, strike "bollard is a short vertical post" and insert "vehicle barrier includes a horizontal or vertical protective device" On page 2, line 13, strike "Bollard" and insert "Vehicle Barrier" AB 764 Page 9 On page 2, line 16, strike "bollards" and insert "vehicle barriers" On page 2, lines 21-22, strike "bollard is a short vertical post" and insert "vehicle barrier includes a horizontal or vertical protective device" REGISTERED SUPPORT / OPPOSITION: Support California Restaurant Association Farrell's Ice Cream Parlour Restaurants Storefront Safety Council Opposition None on file. Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301 AB 764 Page 10