WSR 17-17-112
[Filed August 21, 2017, 2:15 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 17-14-092.
Title of Rule and Other Identifying Information: Chapter 51-50 WAC, State building code. Section 1101 accessibility provisions for parking, vehicle space size, access aisle width and parking space identification.
Hearing Location(s): On October 13, 2017, at 10 a.m., at the DES Building 1st Floor, Presentation Room, 1500 Jefferson Street, Olympia, WA 98504.
Date of Intended Adoption: November 17, 2017.
Submit Written Comments to: Steve Simpson, Chair, State Building Code Council, P.O. Box 41449, Olympia, WA 98504-1449, email, fax 360-586-9088, by October 13, 2017.
Assistance for Persons with Disabilities: Contact Tim Nogler, phone 360-407-9277, fax 360-586-9088, email, by October 6, 2017.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The 2017 legislature passed and the governor signed HB 1262, chapter 132, Laws of 2017, requiring a minimum width for accessible van parking access aisles, and that the access aisles be marked with no parking signs. The law requires the state building code council to adopt rules to implement in the building code the amended provisions for accessible van parking by January 1, 2018.
Reasons Supporting Proposal: People often park in the access aisles where persons with wheelchairs need to get in and out of their vehicle. People with wheelchairs are often trapped either in their vehicle or out of their vehicle until the car parked in the access aisle can be moved. The access aisles also need to be big enough to allow wheelchair ramps to be lowered and for the wheelchairs to roll down the ramp. The typical narrow access aisle does not provide enough room for a person to get a wheelchair out of their vehicle.
Statutory Authority for Adoption: RCW 19.27.074.
Statute Being Implemented: RCW 70.92.140, chapter 132, Laws of 2017, amending chapter 19.27 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The council seeks comments on the amendatory language in the proposed rule shown below.
Name of Proponent: Washington state building code council, governmental.
Name of Agency Personnel Responsible for Drafting and Implementation: Tim Nogler, 1500 Jefferson Street, P.O. Box 41449, Olympia, WA, 360-407-9277; and Enforcement: State Building Code Council, 1500 Jefferson Street, P.O. Box 41449, Olympia, WA, 360-407-9277.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The state building code council is not one of the agencies identified as required to prepare an analysis. This rule adopts without material change Washington state statute.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute.
August 17, 2017
Steve Simpson
AMENDATORY SECTION (Amending WSR 16-03-064, filed 1/19/16, effective 7/1/16)
WAC 51-50-1101 Section 1101General.
1101.2 Design. Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and ICC A117.1, except those portions of ICC A117.1 amended by this section.
1101.2.1 (ICC A117.1 Section 403.5) Clear width of accessible route. Clear width of an accessible route shall comply with ICC A117.1 Section 403.5. For exterior routes of travel, the minimum clear width shall be 44 inches (1118 mm).
1101.2.2 (ICC A117.1 Section 404.2.8) Door-opening force. Fire doors shall have the minimum opening force allowable by the appropriate administrative authority. The force for pushing or pulling open doors other than fire doors shall be as follows:
1. Interior hinged door: 5.0 pounds (22.2 N) maximum
2. Interior sliding or folding doors: 5.0 pounds (22.2 N) maximum
3. Exterior hinged, sliding or folding door: 10 pounds (44.4 N) maximum.
Interior or exterior automatic doors complying with Section 404.3 of ICC ANSI A117.1.
These forces do not apply to the force required to retract latch bolts or disengage other devices that hold the door in a closed position.
1101.2.3 (ICC A117.1 Section 407. Arrangement of elevator car buttons. Buttons shall be arranged with numbers in ascending order. When two or more columns of buttons are provided they shall read from left to right.
1101.2.4 (ICC ANSI A117.1 606.7) Operable parts. Operable parts on drying equipment, towel or cleansing product dispensers, and disposal fixtures shall comply with Table 603.6.
1101.2.5 (ICC A117.1 Section 604.6) Flush controls. Flush controls shall be hand operated or automatic. Hand operated flush controls shall comply with Section 309, except the maximum height above the floor shall be 44 inches. Flush controls shall be located on the open side of the water closet.
In ambulatory accessible compartments complying with Section 604.10, flush controls shall be permitted to be located on either side of the water closet.
1101.2.6 (ICC A117.1 Section 703.6.3.1) International Symbol of Accessibility. Where the International Symbol of Accessibility is required, it shall be proportioned complying with ICC A117.1 Figure 703.6.3.1. All interior and exterior signs depicting the International Symbol of Accessibility shall be white on a blue background.
1101.2.7 (ICC A117.1 Section 502.2) Vehicle space size. Car and van parking spaces shall be 96 inches (2440 mm) minimum in width.
1101.2.8 (ICC A117.1 Section 502.4.2) Access aisle width. Access aisles serving car parking spaces shall be 60 inches (1525 mm) minimum in width. Access aisles serving van parking spaces shall be 96 inches (2440 mm) minimum in width.
1101.2.9 (ICC A117.1 Section 502.7) Identification. Accessible parking spaces shall be indicated by a vertical sign. The signs shall include the International Symbol of Accessibility complying with section 703.6.3.1. Such symbol shall be white on a blue background. Signs identifying van parking spaces shall contain the designation "van accessible." The sign may include additional language such as, but not limited to, an indication of the amount of the monetary penalty defined in RCW 46.19.050 for parking in the space without a valid permit. A vertical "no parking" sign shall be erected at the head of each access aisle located adjacent to an accessible parking space. The sign may include additional language such as, but not limited to, an indication of any penalty for parking in an access aisle. Such signs shall be 60 inches (1525 mm) minimum above the floor of the parking space, measured to the bottom of the sign.