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)
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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.
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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,
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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
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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
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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
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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
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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"
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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
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