Nine Point Criteria Analysis Page 1 of 2
Pt 2, Ch 11B, 1129B
NINE-POINT CRITERIA ANALYSIS
OF
PROPOSED BUILDING STANDARDS
OF THE
DIVISION OF THE STATE ARCHITECT – ACCESS COMPLIANCE (DSA-AC)
REGARDING THE 2007 CALIFORNIA BUILDING CODE
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2
CONCERNING
Section 1129B – Accessible Parking Required
Building standards submitted to the California Building Standards Commission (CBSC) for approval are
required, by Health and Safety Code Subsection (H&SC§) 18930(a), to be accompanied by an analysis
which will, to the satisfaction of the Commission, justify their approval. The approval of these proposed
building standards is justified as follows:
1) The proposed building standards do not conflict with, overlap, or duplicate other building
standards.
The DSA-AC has determined that the proposed changes to the California Code of Regulations,
Title 24, Part 2 California Building Code (2007 CBC) do not conflict with, overlap or duplicate
other building standards.
2) The proposed building standards are within the parameters established by enabling
legislation, and are not expressly within the exclusive jurisdiction of another agency.
The proposed changes to the 2007 CBC are necessary to comply with Government Code
Sections (GC§) 4450 and 14679(c) and Vehicle Code Section 22511.8(b).
The proposed building standards are not within the exclusive jurisdiction of another agency, nor
do they conflict with the terms of Assembly Bill (AB) 1531 (Chapter (Ch) 413) which specifies the
implementation responsibilities for both the Department of Motor Vehicles and the DSA.
3) The public interest requires the adoption of the building standards.
GC§ 4450 directs the DSA to develop and submit proposed building standards to the CBSC for
approval and adoption and to develop other regulations for making buildings, structures,
sidewalks, curbs, and related facilities accessible to and usable by persons with disabilities.
GC§ 4452 provides that the building standards published in the State Building Standards Code
relating to access by persons with disabilities and the other regulations adopted by the State
Architect shall be used as minimum requirements to insure that buildings, structures and related
facilities are accessible to, and functional for, persons with disabilities to, through, and within their
doors, without loss of function, space, or facility where the general public is concerned.
During the development of AB 1531 (Ch 413) supporters identified were Alameda County Health
Care Services Agency, Association of Regional Center Agencies, California Supported Living
Network, Contra Costa Health Services, and Developmental Disability Council of Contra Costa
County.
4) The proposed building standards are not unreasonable, arbitrary, unfair, or capricious, in
whole or in part.
The DSA-AC has determined that the proposed building standards are not unreasonable,
arbitrary, or capricious, in whole or in part.
5) The cost to the public is reasonable, based on the overall benefit to be derived from the
building standards.
The DSA-AC finds that the proposed changes to the 2007 CBC may minimally increase certain
costs; however, the DSA-AC has determined that, based on the resulting benefits of this
proposal, this cost is reasonable.
Nine Point Criteria Analysis Page 2 of 2
Pt 2, Ch 11B, 1129B
According to the Assembly Appropriations analysis during the development of AB 1531 (Ch 413),
minor statewide costs, if any, may occur. Costs to provide accessible parking space signs and to
paint the access aisle border and crosshatched lines are not triggered unless the accessible
parking space is newly designated or other factors require sign replacement or repainting.
6) The proposed building standards are not unnecessarily ambiguous or vague, in whole or in
part.
The DSA-AC has determined that these proposed changes to the 2007 CBC are clear and
definite.
7) The applicable national specifications, published standards, and model codes have been
incorporated therein as provided in this part, where appropriate.
The DSA-AC has proposed changes to 2007 CBC which ensure California’s accessibility
regulations related to parking adequately address the intent of AB 1531 (Ch 413).
The federal ADA Standards for Accessible Design, Section 4.6, contains comparable accessibility
standards. These proposed state building standards, as intended by AB 1531, will exceed
federal standards by specifying a method and color(s) for marking access aisles at accessible
parking spaces and by requiring signs to state the minimum fine imposed on a person for
unauthorized parking in an accessible parking space.
8) The format of the proposed building standards is consistent with that adopted by the
Commission.
The DSA-AC is using the format consistent with the CBSC.
9) The proposed building standards, if they promote fire and panic safety as determined by
the State Fire Marshal, have the written approval of the State Fire Marshal.
These proposed changes to the 2007 CBC are not intended to promote fire and panic safety.
The DSA-AC has submitted these proposed changes to the State Fire Marshal for review.