BILL ANALYSIS �
AB 2030
Page 1
Date of Hearing: March 27, 2012
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2030 (Olsen) - As Introduced: February 23, 2012
SUBJECT : Building standards: press boxes.
SUMMARY : Requires the California Building Standards Commission
(BSC) to adopt, approve, and codify standards for press boxes in
stadium bleachers that must provide disability access and
exempts press boxes less than 500 feet, as specified from these
requirements. Specifically, this bill :
1)Requires BSC to adopt, approve, and codify standards for press
boxes in stadium bleachers that are required to be located on
a route accessible to persons with disabilities. These
adopted standards shall not apply to the following:
a) A press box in bleachers that have points of entry at
only one level, provided that the aggregate area of all
press boxes is at a maximum of 500 square feet; and,
b) A free-standing press box that is elevated above 12 feet
minimum grade, provided that the aggregate area of all
press boxes is at a maximum of 500 square feet.
2)Requires, for a facility with multiple assembly areas, that
the aggregate area of press boxes in each assembly area to be
calculated separately, for the purposes of this bill.
EXISTING FEDERAL LAW :
1)Establishes the Americans with Disabilities Act (ADA), which
prohibits discrimination against people with disabilities in
employment, transportation, public accommodation,
communications, and governmental activities.
2)Provides, within the ADA, that all areas of newly designed and
constructed buildings and facilities and altered portions of
existing buildings and facilities be accessible, and exempts:
a) Small press boxes that are located in bleachers with
entrances on only one level; and,
AB 2030
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b) Small press boxes that are free-standing structures
elevated 12 feet or more above grade, from the accessible
route equipment when the aggregate area of all press boxes
in a sports facility does not exceed 500 square feet.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "This
bill seeks to significantly reduce building costs for schools or
other buildings with smaller sports facilities, allowing them to
provide press boxes for announcers and reporters covering a
sporting event. California has its own disability access
standards that are far stricter than federal American Disability
Access standards, which has placed a burden on schools and other
buildings trying to comply with very small building projects.
"This bill is necessary because conforming to the federal
standards will add two exceptions from the accessibility
requirements for high school press boxes - small press boxes
that are located in bleachers with entrances on only one level,
and small press boxes that are free-standing structures elevated
12 feet or more above grade - when the aggregate area of all
press boxes in a
sports facility does not exceed 500 square feet. This will
allow many different schools and buildings to better utilize
their sports facilities."
Background . The Department of Justice (DOJ) published its
revised regulations to the ADA Act of 1990 on September 15,
2010, which include the 2010 Standards for Accessible Design
(2010 Standards). The 2010 Standards on accessible routes to
press boxes mirror the language contained in this bill, and
require:
"Section 201.1 of the 2010 Standards requires that all areas of
newly designed and constructed buildings and facilities and
altered portions of existing buildings and facilities be
accessible. Sections 206.2.7(1) and (2) of the 2010 Standards
add two exceptions that exempt small press boxes that are
located in bleachers with entrances on only one level, and small
press boxes that are free-standing structures elevated 12 feet
or more above grade, from the accessible route equipment when
AB 2030
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the aggregate area of all press boxes in a sports facility does
not exceed 500 square feet. DOJ anticipates that this change
will significantly reduce the economic impact on smaller sports
facilities, such as those associated with high schools or
community colleges."
The Division of State Architects (DSA), a division under the
Department of General Services, stated that they are already
currently working to update the California Building Standards
Code (Code), to mirror the federal language. Specified state
agencies may adopt regulations for approval by BSC for inclusion
in the Code, including BSC. BSC is responsible for the
administration of California's building codes (California Code
of Regulation, Title 24), which includes the adoption, approval,
publication, and implementation of codes and standards. The
Code is published on a triennial cycle, and it is anticipated
BSC will publish updates to the Code on July 1, 2013, with the
regulations taking affect 180 days afterwards.
Currently, the 2010 Standards are in effect as part of the ADA,
even though California needs to adopt those federal standards
and any changes for the purposes of uniformity. If there are
any discrepancies, individuals must follow the more stringent
federal or state requirements to remain in compliance with both
federal and state standards and to avoid potential liability
issues.
Until BSC adopts and publishes the standards and exemptions
related to press boxes, the 2006 DSA Interpretation (7-06
DSA/AC) that an accessible route is required to a one-story
elevated press box that is less than 500 square feet in size,
remains in effect. DSA wrote in the interpretation:
"Currently, the Code exceptions for accessibility are contained
in Code 1103B.1 & 1123B.2. These two sections provide
accessibility exceptions for floors or portions of floors not
customarily occupied, including, but not limited to,
non-occupiable or employee spaces accessed only by ladders,
catwalks, crawl spaces, very narrow passageways or freight
(non-passenger) elevators, and frequented only by service
personnel for repair or maintenance purposes; such spaces are
elevator pits and elevator penthouses, piping and equipment
catwalks, machinery rooms, in addition to observation galleries
used primarily for security purposes. A school press box
serving an athletic field for a public school does not qualify
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for any of the exceptions stated above. Code 1133B.1.1.1.1
indicated that all entrances to buildings and facilities shall
be made accessible to persons with disabilities. The Code does
not provide a waiver for this requirement in new construction.
"Since this facility is not a multistory building, an elevator
or ramp is not necessarily required, however an accessible route
is. As indicated in Code 1116B.2.3, a platform wheelchair lift
may be provided as part of an accessible route to provide access
to incidental occupiable spaces and rooms which are not open to
the general public and which house no more than five persons. A
press box of less than 250 square feet could be considered
incidentally occupied, that is, it is generally not only
occupied during sporting events, and that due to its small size,
it could be considered to house no more than five persons.
Therefore, a ramp, elevator, platform wheelchair lift, or any
combination thereof, could be utilized to provide an accessible
route. Further, since the project may qualify for the use of a
platform wheelchair lift, it would be possible to consider a
limited use elevator as an alternative to a platform wheelchair
lift."
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301