BILL ANALYSIS                                                                                                                                                                                                    �






           SENATE TRANSPORTATION & HOUSING COMMITTEE       BILL NO: ab 2030
          SENATOR MARK DESAULNIER, CHAIRMAN              AUTHOR:  olsen
                                                         VERSION: 5/31/12
          Analysis by:  Mark Stivers                     FISCAL:  yes
          Hearing date:  June 12, 2012



          SUBJECT:

          Building standards: disabled accessibility to small stadium 
          press boxes

          DESCRIPTION:

          This bill requires the Building Standards Commission to exempt 
          certain press boxes in stadium bleachers from accessibility 
          standards contained in current building standards.

          ANALYSIS:

          The California Building Standards Law establishes the Building 
          Standards Commission (BSC) and the process for adopting state 
          building standards.  Under this process, relevant state agencies 
          propose amendments to model building codes which the BSC must 
          then adopt, modify, or reject.  The Division of the State 
          Architect (DSA) is the relevant state agency for disabled 
          accessibility standards.  

          Current law requires BSC to publish the California Building 
          Standards Code in its entirety once every three years.  BSC has 
          just begun its 2012 triennial code adoption cycle.  State 
          agencies submitted their initial proposals on June 1, 2012, 
          which begins the public review process.  BSC is scheduled to 
          adopt the final building codes on January 7, 2013, and the codes 
          it adopts will take effect on January 1, 2014.

          Current state building standards require that all stadium press 
          boxes be located on a route that is accessible to persons with 
          disabilities.  Recent changes to federal Americans with 
          Disabilities Act (ADA) accessibility standards create exemptions 
          to this rule for press boxes of less than 500 square feet in 
          some circumstances.  DSA has been developing new state 
          accessibility standards that harmonize federal ADA standards and 
          state building standards.  DSA submitted these revised building 
          standards to the BSC on June 1 for public comment.  In the 




          Ab 2030 (OLSEN)                                        Page 2

                                                                       


          interests of not decreasing accessibility, the proposed DSA 
          building standards generally maintain the stricter of the 
          current state or federal standards.  With respect to stadium 
          press boxes, that means that the new standards continue to 
          require that all press boxes, including press boxes of less than 
          500 square feet, be located on an accessible route.  

           This bill  requires the BSC, as part of the next triennial 
          building code cycle that begins on or after January 1, 2013, to 
          adopt building standards for press boxes in stadiums that 
          contain the following exceptions to the general rule requiring 
          location of the press box on a route that is accessible to 
          persons with disabilities:

           When the press box will be located 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. 
           When a free-standing press box is elevated at least 12 feet 
            above the ground, provided that the aggregate area of all 
            press boxes is at a maximum of 500 square feet.
          
          COMMENTS:

           1.Purpose of the bill  .  According to the author, California's 
            accessibility standards for stadium press boxes, which are 
            stricter than federal standards, place a heavy financial 
            burden on schools with small sports facilities.  Many schools 
            are simply unable to provide press box facilities due to the 
            prohibitive cost of including a ramp, elevator, or platform 
            wheelchair lift to provide an accessible route.  Conforming 
            California's standards to the federal standards and exempting 
            small press boxes from the accessible route requirement will 
            significantly reduce building costs for public and private 
            schools with smaller sports facilities, allowing them to 
            provide press boxes for announcers and reporters covering a 
            sporting event.  

           2.District example  .  This bill came about as a result of a 
            situation in the author's district.  A private school had 
            built sports facilities, including a football field, over a 
            number of years with donations of money and labor.  Two years 
            ago, the school added bleachers for 450 persons to the 
            football field.  The school desired to add an elevated press 
            box to the football field for the announcer, scorekeepers, 
            statisticians, and game spotters who need to be elevated above 
            the bleachers for proper visibility.  The cost for the press 




          Ab 2030 (OLSEN)                                        Page 3

                                                                       


            box itself is estimated to be $55,000, but the additional cost 
            of an elevator to lift people to a height of 17.5 feet to meet 
            the building code requirement for disabled access is estimated 
            at nearly $135,000.  The school has not had the funds to cover 
            this additional cost, so it has never built the press box and 
            instead uses a donated mechanical construction lift with no 
            tables to seat the game officials.
           
          3.Accessibility vs. expense  .  This bill pits two worthy goals 
            against each other:  access for the disabled and reducing 
            costs on public construction projects.  In the interests of 
            reducing costs, this bill necessarily means that persons with 
            disabilities will not have access to some stadium press boxes. 
             In this case, the monetary costs saved may be relatively 
            large and the number of persons affected is presumably quite 
            small, but the moral imperative to ensure access to public 
            facilities for all persons is nonetheless compromised.  The 
            committee may wish to consider if adopting the less 
            restrictive federal standard for access to small press boxes 
            strikes the appropriate balance between accessibility and 
            expense.  

          Assembly Votes:
               Floor:    74-0
               Appr: 17-0
               B&P:    9-0

          POSITIONS:  (Communicated to the committee before noon on 
          Wednesday,                                             June 6, 
          2012)

               SUPPORT:  Big Valley Christian School

          
               OPPOSED:  None received.