BILL ANALYSIS Ó
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 764 Hearing Date: 6/16/2015
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|Author: |Quirk |
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|Version: |6/09/2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Alison Dinmore |
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SUBJECT: Building Standards Commission: vehicle barrier
installation
DIGEST: This bill requires the California Building Standards
Commission (CBSC), in collaboration with the State Architect and
the State Fire Marshal, to consider the installation of vehicle
barriers in the design of any new building.
ANALYSIS:
Existing law:
1)Establishes the CBSC within the Department of General
Services, and requires any building standards adopted or
proposed by state agencies to be submitted to, and approved
by, the CBSC prior to codification into the California
Standards Code (CBC).
2)Requires the CSBC 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.
3)Requires the State Fire Marshal 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.
AB 764 (Quirk) Page 2 of ?
4)Grants the State Architect jurisdiction over access compliance
requirements for all buildings in California (including
schools) that are publicly funded in whole or in part by the
use of state funds.
This bill:
1)Requires the CBSC, in collaboration with the State Architect
and the State Fire Marshal, to consider the installation of
vehicle barriers in the design of any new building at each
model code adoption review.
2)Defines a "vehicle barrier" as a horizontal or vertical
protective device placed to protect buildings or pedestrians
from collisions by motor vehicles.
3)Authorizes an insurer to consider the installation of vehicle
barriers on a commercial property parking lot as a safety
measure and offer a discount on the property owner's insurance
covering damage or loss to the covered commercial property.
COMMENTS:
1)Purpose of the bill. According to the author,
vehicle-into-building crashes have been reported to occur as
many as 60 times per day, with more than 3,600 pedestrians,
store patrons, and employees seriously injured each year,
nationwide. Sometimes called "storefront crashes," these
accidents are often caused by driver error. Most of these
accidents can be prevented with simple and inexpensive steps,
including the installation of vehicle barriers, that can be
taken in either the design phase or as part of a retrofit.
This bill seeks to prevent storefront crashes by encouraging
the adoption of protective barrier standards when considering
building occupant safety options for buildings, particularly
in commercial buildings, which have been slower to install
vehicle barriers than other types of properties.
Additionally, it would authorize an insurer to consider these
vehicle barriers as a safety measure eligible for discounted
building insurance rates. By doing this, AB 764 is intended
to reduce the number of storefront crashes.
2)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
AB 764 (Quirk) Page 3 of ?
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. TTI notes, however, that simple,
preventative measures can protect pedestrians, store
employees, and patrons from being injured or killed when the
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, 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.
3)California Building Standards. The California Building
Standards Law established the CBSC and the process for
adopting state building codes. Under this process, relevant
state agencies propose amendments to model building codes,
which the CBSC must then adopt, modify, or reject. For
example, the Division of the State Architect is responsible
for public schools, community colleges, and accessibility in
public accommodations and public housing. The Office of the
State Fire Marshal is responsible for life and life safety for
hotels, apartments, dwellings, and assembly and high-rise
buildings. The Department of Housing and Community
Development is the relevant state agency for residential
building codes, and the Office of Statewide Health Planning
and Development is the relevant state agency for hospitals and
clinics. Not all buildings fall under the jurisdiction of a
relevant state agency. Most commercial, industrial, and
manufacturing structures are considered "local buildings,"
over which local governments may determine applicable building
standards. The CBSC is responsible for developing building
standards for state-owned buildings, including university and
state college buildings, and for developing green building
AB 764 (Quirk) Page 4 of ?
standards for most buildings except for housing, public
schools, and hospitals.
Every three years, the CBSC adopts a new version of the CBC,
known as the triennial update. 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 energy conservation, green design, construction
and maintenance, fire and life safety, and accessibility.
4)Local guidance. The author's intent is to encourage more
California buildings to install vehicle barriers to prevent
storefront crashes, particularly in commercial buildings. At
present, local jurisdictions have the authority to require the
installation of vehicle barriers in new buildings, and some
have done so. For example, the city of Artesia has required
the installation of vehicle barriers in specified commercial
properties.
While the CBSC is responsible for developing standards for
state buildings and local jurisdictions are responsible for
developing standards for commercial structures, commercial
builders often look to the CBC for further guidance,
particularly when a jurisdiction is silent on an issue. For
example, the CBC currently contains standards, adopted from an
international model, for the installation of vehicle barriers
if a builder chooses to install vehicle barriers in state
buildings. If a local jurisdiction fails to regulate vehicle
barriers for commercial properties, a builder presently
choosing to install vehicle barriers will look to the CBC or
another national standard for guidance.
5) Vehicle barrier usage. The committee has learned from
commercial retailer groups that commercial property owners are
not having difficulty installing vehicle barriers, whether
they are required or choose to do so. According to these
groups, if a jurisdiction does not regulate vehicle barriers,
builders will review the CBC for the vehicle barrier standards
already adopted by the CBSC, as well as the international
standards.
Vehicle barriers can be used for different purposes, including
protecting buildings from attacks, ensuring a building
structure does not collapse, and protecting building occupants
AB 764 (Quirk) Page 5 of ?
and pedestrians. While the CBC has adopted regulations for
vehicle barriers, the author believes it is not clear what
they are designed to protect. This bill is intended to
clarify that that vehicle barriers adopted by the CBSC would
protect building occupants and pedestrians from storefront
crashes.
6) Double-referral. The Rules Committee has referred the bill
to both this committee and the Insurance Committee.
Therefore, if the bill passes this committee, it will be
referred to the Insurance Committee to consider the insurance
provisions of the bill.
Assembly Votes:
Floor: 78-0
Appr: 17-0
Ins: 12-0
B&P: 14-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes
Local: No
POSITIONS: (Communicated to the committee before noon on
Wednesday,
June 10, 2015.)
SUPPORT:
California Restaurant Association
Farrell's Ice Cream Parlour Restaurants
Storefront Safety Council
OPPOSITION:
None received
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