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 ----------------------------------------------------------------- |Author: |Quirk | |----------+------------------------------------------------------| |Version: |6/09/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Alison Dinmore | |: | | ----------------------------------------------------------------- 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 -- END --