building codes.docx

Introduction This unit will explain the legal environment related to human rights and disability. RHFAC Professionals need to be able to interpret the intent and requirements of relevant legislation and to understand the roles of various organizations, agencies and levels of government in promot...

Introduction This unit will explain the legal environment related to human rights and disability. RHFAC Professionals need to be able to interpret the intent and requirements of relevant legislation and to understand the roles of various organizations, agencies and levels of government in promoting accessibility. Organizations need to understand that violations and complaints may lead to more than just penalties. They can create negative public relations. More than being inclusive and the right thing to do, compliance enhances an organization's public image, ultimately driving business. For example, if a facility doesn't provide appropriate access for people with disabilities, it may not meet minimum requirements for even a base-level rating. This, in turn, could trigger a human rights complaint. Multi-Layered Legal Framework The legal framework pertaining to disability and accessibility is multi-layered. It consists of constitutional, employment and human rights, and disability legislation, which guarantees the rights of individuals, together with building legislation and building codes, which define rules and minimum requirements related to accessibility. In this unit, we will focus on employment, human rights and disability legislation. Building legislation will be covered in the next unit. There are numerous laws that exist in Canada and around the world to protect the rights, prevent discrimination, and create equal access to society for people with disabilities. Canada's legal framework is much like a patchwork, with legislation found at the federal, provincial, territorial and municipal levels of government. This makes it confusing and cumbersome to interpret and apply. Moreover, there is often a general lack of awareness of the requirements. The end result is that those requirements are often ignored. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 203 Employment and Human Rights Constitutional Rights and the Canadian Charter of Rights and Freedoms The Constitution Act, 1982, is part of the Constitution of Canada. And the Canadian Charter of Rights and Freedoms forms the first of 35 sections of the Constitution Act. The Canadian Charter of Rights and Freedoms (Section 15), which became effective in 1985, provides that every individual has the right to the equal protection and equal benefit of the law without discrimination. It applies to, and will override, any federal, provincial or municipal law or regulation as well as any government activity. It explicitly includes mental or physical disability among its prohibited grounds. In other words, this guarantees that all persons in society are entitled to receive the same level of service and that appropriate accommodations must be made to ensure this.26 Canadian Human Rights Legislation Canadian Human Rights Act In Canada, human rights laws have been enacted at both the federal and provincial levels. The Canadian Human Rights Act was passed by parliament in 1977 to ensure equal opportunity to people who may be the victims of discrimination based on a set of prohibited grounds, such as race, sex, disability or religion. It applies to federally regulated departments and agencies. Each province or territory has its own anti-discrimination law. Human rights legislation is complaints based. The Canadian Human Rights Commission (CHRC) was established to investigate claims of discrimination, while the Canadian Human Rights Tribunal was set up to judge the cases. 26 Canadian Constitution Act, 1982, Part I, Equality rights, Section 15. (1) RHFAC Training STUDENT GUIDE Page \| 204 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Provincial Human Rights Codes Provincial and territorial human rights codes exist across Canada, as well. Under these codes, organizations are required to accommodate people with disabilities to the point of undue hardship. The British Columbia Human Rights Code that pertains to disability is found in Chapter 210, Section 8, and states: Discrimination in accommodation, service and facility, (1) A person must not, without a bona fide and reasonable justification, (a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or (b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public because of the race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person or class of persons. Similarly, under the Ontario Human Rights Code, unions, landlords and service providers have a legal "duty to accommodate" persons with disabilities. The goal of accommodation is "to allow people with disabilities to equally benefit from and take part in services, housing or the workplace." Enforcement and promotion of human rights is handled by independent human rights commissions, which are established in most jurisdictions in Canada. They deal with complaints filed by individuals claiming an infringement of their rights. In Nova Scotia, the Human Rights Act similarly protects people from discrimination. Employment Equity Act The Employment Equity Act requires employers to "engage in proactive employment practices to increase the representation of four designated groups: women, people with disabilities, Aboriginal peoples, and visible minorities." The RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 205 Act states that "employment equity means more than treating persons the same way but also requires special measures and the accommodation of differences." Basically, employers are required to remove any barriers to employment. Duty to Accommodate and Undue Hardship A "duty to accommodate" on the part of an employer or service provider has arisen from both the Canadian Human Rights Act and the Employment Equity Act. The goal of accommodation is to ensure that an employee who is able to work can do so while not causing the employer undue hardship. If someone needs to be treated differently to prevent or reduce discrimination, an employer or service provider has an obligation to take steps to accommodate this person. "The duty to accommodate means that sometimes it is necessary to treat someone differently in order to be fair." Sometimes, alternate arrangements need to be made to ensure full participation. For example, if an employer requires all persons to submit a written application for a job or to complete a written test, this could exclude someone who is blind. While it is often necessary to accommodate people on an individual basis, ideally an organization is proactive and has policies in place to accommodate people with disabilities. When it is not possible to accommodate a person, an organization may claim that doing so would cause undue hardship. An undue hardship is an accommodating action that places significant difficulty or expense on the employer. Employers are required to provide a reasonable accommodation to qualified individuals with disabilities, but when an accommodation becomes too taxing on the organization it is classified as an undue hardship and is no longer required. These hardships include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation. For example, it would be considered an undue hardship if the changes cost too much or create risks to health or safety. Each situation is unique, and evidence must be provided as to the nature and extent of the hardship. RHFAC Training STUDENT GUIDE Page \| 206 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Discrimination Complaints in Canada Related to Disability According to the 2013 Annual Report published by the Canadian Human Rights Commission,27 roughly half of all discrimination complaints are related to disability, and approximately 40% of disability complaints are related to mental health. In fact, there are so many disability-related cases that they are "clogging up" the system. Across the board, Canadians with disabilities face disproportionately high levels of discrimination in employment and when receiving services. People with disabilities must be accommodated at work, in housing by a landlord, and in public places (e.g., stores, restaurants, theatres, educational institutions, public transit and government services). An RHFAC Professional must be aware of any human rights issues related to the facility that they are assessing. Effect of Barriers on Employment The opportunity for meaningful employment is essential to not only an individual's economic security but also to their physical and mental health, personal well-being and sense of identity. Unfortunately, too few people with disabilities are able to access meaningful employment. Negative attitudes and misconceptions about disability has led to only a minority of employers -- whether government, non-government or corporate -- being willing to employ people with a disability. People with a history of mental illness or an intellectual disability are particularly stigmatized. In other cases, employers seemed unwilling to employ a person with a disability due to misconceptions about the cost of modifications and adaptive technology. 27 Canadian Human Rights Commission. 2013 Annual Report. Retrieved f rom: http://www.chrcccdp. gc.ca/eng/report/outcomes/statistics RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 207 Recent Canadian Legislation Accessible Canada Act The Accessible Canada Act (ACA), which builds on the Canadian Human Rights Act, was passed by parliament on June 21, 2019. This legislation focuses on the prohibition of discrimination based on disability. Its aim is to benefit everyone in Canada, especially persons with disabilities, by helping to create a barrier-free Canada through the proactive identification, removal and prevention of barriers to accessibility wherever Canadians interact with areas under federal jurisdiction. The Accessible Canada Act provides for the development of accessibility standards and gives the Government of Canada the authority to work with stakeholders and persons with disabilities to create new accessibility regulations that will apply to sectors within the federal jurisdiction, such as banking, telecommunications, transportation industries and the Government of Canada itself. These new regulations will set out requirements for organizations to follow, to identify, remove and prevent barriers to accessibility. The Accessible Canada Act will also put in place compliance and enforcement measures, as well as an accessibility complaints mechanism. Disability Legislation International, National and Provincial Legislation While employment and human rights legislation protects the rights of all people, including those with disabilities, some jurisdictions have introduced legislation that focuses specifically on protecting the rights of people with disabilities. The Americans with Disabilities Act (ADA), the Accessibility for Ontarians with Disabilities Act (AODA) and the Nova Scotia Accessibility Act (Bill 59) are three examples. The United Nations and many countries around the world have enacted human rights legislation to protect the rights of people with disabilities. In 2006, the UN Convention on the Rights of Persons with Disabilities was formally adopted by the UN General Assembly. This was a ground-breaking initiative that ensured that RHFAC Training STUDENT GUIDE Page \| 208 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE all persons with disabilities have full and equal enjoyment of all human rights. This was seen as a major step toward ensuring full participation and equal opportunity for all. Several countries that have developed comprehensive national legislation that protects people with disabilities in all area of life are the United States, Ireland and Australia. The USA enacted the Americans with Disabilities Act (ADA) in 1990, while Australia implemented the Disability Discrimination Act 1992 (DDA), and Ireland introduced the Disability Act 2005. Existing legislation is viewed as reactive, as the law seems to be applied only after someone has been discriminated against. Proponents say this legislation is long overdue. However, others are concerned that it may be ineffective. Although there is much existing legislation, regulation and enforcement is viewed as weak.28 Employment and Social Development Canada (Office for Disability Issues) engaged in open consultation with Canadians on access legislation between July 2016 and February 2017. The consultation is now closed. Provincially, only Ontario, Manitoba and Nova Scotia have provincial disability legislation on the books. Ontario introduced the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) and the Ontarians with Disabilities Act, 2001 (ODA). The Accessibility for Manitobans Act (AMA) became law in 2013. Most recently, Nova Scotia passed Bill 59, the Accessibility Act in 2017. Other provinces, including British Columbia, Saskatchewan and Newfoundland have expressed an interest. British Columbia is currently engaging in a consultation process with a variety of different stakeholders from community, 28 Picard, Andre. (Aug. 11, 2015). It's well past time f or a Canadians with Disabilities Act. The Globe and Mail. Retrieved f rom: http://www.theglobeandmail.com/opinion/its-well-past-time-for-a-canadians-with-disabilitiesact/ article25904732/ RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 209 government and advocacy groups to determine the scope of a British Columbians with Disabilities Act (Barrier-Free BC). Examples of Existing Legislation To provide students with concrete examples of existing disability legislation, highlights of three different pieces of legislation are provided below: the Accessibility for Ontarians with Disabilities Act (AODA), Nova Scotia's Accessibility Act, and the Americans with Disabilities Act (ADA). Accessibility for Ontarians with Disabilities Act (AODA) Highlights of the AODA legislation are as follows: Purpose is to achieve accessibility standards for people with physical and mental disabilities to all public establishments by 2025. The scope of legislation includes both public and private institutions. Provides five accessibility standards that are being implemented in stages: o Customer Service Standard o Information and Communications Standard o Transportation Standard o Employment Standard o Design of Public Spaces Standard Customer Service Standard, Effective January 2008, Amended July 1, 2016 Ensures equal opportunity for people with disabilities to obtain, use and benefit from goods and services. Providers of goods or services must take steps that include the following: o Establish policies, practices, and procedures for accessible customer service o Train staff and volunteers o Allow service animals and support persons in areas that are open to the public o Create a feedback process RHFAC Training STUDENT GUIDE Page \| 210 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Information and Communications Standard, Effective July 2011 Deals with the way organizations create and communicate information and outlines how they are to make information and communications accessible to people with disabilities. Requires the provision of accessible formats and communication supports on request. Also covers such areas as emergency and public safety information; websites; feedback processes; educational, training and library materials and resources; and training of educators. Employment, Effective July 2011 Requires organizations to establish processes that provide for accessibility across the employment life cycle. Focuses on such areas as recruitment, job accommodation, return to work, performance management, career development, redeployment, and access to workplace and job-related information as well as customized emergency response information. Transportation, Effective July 2011 Contains a variety of technical, policy and operational requirements to prevent and remove barriers in both conventional and specialized public transportation services. Includes fare parity between conventional and specialized services, and technical requirements for new transit vehicles. Affects municipalities that license taxicabs, school boards and other public sector organizations that provide transportation services. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 211 Design of Public Spaces (Built Environment), Effective January 2013 Goal is to prevent barriers for people with disabilities in newly constructed or redeveloped public-use areas. Includes recreational trails and beach access routes, outdoor public eating areas, outdoor play spaces, exterior paths of travel, parking areas, service counters, queuing guides and waiting areas. Enhanced accessibility standards covering new construction or extensive renovation of buildings have been incorporated into the Ontario Building Code, which became effective January 1, 2015. Non-Compliance and Penalties (AODA) Compliance provisions exist under the AODA (Ontario Regulation 191/11, Integrated Accessibility Standards, Part V -- Compliance). However, they are highly discretionary, vague and frequently not enforced. Penalties range from \$200 to \$15,000, where the amount of the penalty depends on several factors: Whether the responsible party is an individual/unincorporated organization versus a corporation. The severity of the impact of the contravention: The contravention history of the person or organization. However, in cases where the impact of the contravention is determined to be major and the contravention history of the person or organization is determined to be major, the above penalty may be treated as daily penalty to a maximum of: \$100,000, in the case of a corporation, and \$50,000, in the case of an individual or unincorporated organization. RHFAC Training STUDENT GUIDE Page \| 212 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Nova Scotia's Accessibility Act -- Bill 59 (2017) Highlights of Nova Scotia's Accessibility Act are as follows: Enacted in 2017, the goal of the Accessibility Act is to achieve an accessible Nova Scotia by 2030. Provides framework and authority to create accessibility standards. Standards will include the following areas: o The delivery and receipt of goods and services o Information and communication o Public transportation and infrastructure o Employment o The built environment o Education Consultation will take place for the development of each standard. It is expected that development of each standard will take an average of two years. An Accessibility Advisory Board will work with stakeholders to set and enforce accessibility standards. Twelve members have been appointed to the Accessibility Advisory Board, including seven representatives from the disability community. An Accessibility Directorate is responsible for implementing and administering the Act and for addressing broader issues related to disability. They will develop awareness and education and will work closely with those impacted. Compliance and Enforcement o A Director of Compliance and Enforcement, reporting to the Minister of Justice, is responsible for ensuring compliance. o The Minister of Justice has the authority to overrule the Accessibility Advisory Board. o Following implementation of standards, there will be a reasonable period provided for compliance. o Inspections will be done on a risk-based model, not a compliance-based model. o Fines of up to \$250,000 could be levied on those who do not comply with standards. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 213 Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA), was enacted in 1990 to provide comprehensive civil rights protection to individuals with disabilities in the following areas: Employment. State and local government services, including public transportation facilities. Public accommodations and commercial facilities. This area covers building standards. o Public accommodations include restaurants, hotels, convention centres, retail stores and shopping centres. o Commercial facilities include non-residential facilities such as office buildings, factories and warehouses. Telecommunications. Relationship and Hierarchy among Human Rights and Disability Laws Generally, if two laws conflict with one another, the law that provides the higher level of accessibility is the law that must be followed. In Canada, human rights trumps everything. It applies universally. For example, the Human Rights Commission can tell Air Canada to make all flights accessible, including all types of aircraft. Whereas, disability laws are site or complaint specific -- they are not global and only apply to a specific problem or situation, such as a gate at a particular airport that was cited or complained about. NOTES RHFAC Training STUDENT GUIDE Page \| 214 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Unit 5.2 Accessibility Legislation, Regulations and Standards This unit focuses on the following outcome and sub-outcomes: Integrate relevant legislation, regulations and standards when planning and executing a rating. o Locate appropriate building legislation, regulations and standards related to access and inclusion. o Explain the process for administering and enforcing building regulations. Unit Outline Canadian Building Legislation, Regulations and Standards National Building Code Legislation (NBC 2015) Building Legislation in British Columbia BC Building Act (2015) BC Building Code 2012 2014 Vancouver Building Bylaw (VBBL) Building Legislation in Nova Scotia Accessible Building Standards CSA (Canadian Standards Association) ADA Standards (US Dept. of Justice and the Dept. of Transportation) International Organization for Standardization (ISO) Other Government Accessibility Initiatives Accessibility 2024 (BC) 10-Year Action Plan Working with Building Code NBC 2015 Building Code Organization and Structure o NBC Table of Contents o Standard Numbering System RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 215 o Language Conventions Description of Building Code Content Determine Applicable Building Code Review a Facility Based on Building Code Administration and Enforcement of Building Code Introduction The intent of this unit is to explain the role of building code legislation, regulations and standards related to accessibility. Compliance with code provides a baseline for accessible design for people with disabilities. Thus, RHFAC Professionals will be expected to understand current building code at an elementary level when they are conducting a rating for any existing or proposed building. It is important to note that building code applies only to elements of the rating system that pertain specifically to buildings -- hence the term "building code". There is no formal legislation governing trails and pathways. Development of trails and pathways is carried out under national and various municipal and provincial guidelines and standards. When conducting a rating of a building, RHFAC Professionals will need to identify the relevant code that applies to the facility as well as understand the section of the code related to accessibility. Canadian Building Legislation, Regulations and Standards In Canada, regulation of building and construction is a provincial or territorial responsibility that is carried out through a series of building acts (legislation), regulations and codes, some of which are administered at the municipal level. The federal Constitution Act gives the provincial and territorial governments responsibility for regulating building and construction, with the exception of buildings on federal lands, which are governed by the National Building Code of Canada. RHFAC Training STUDENT GUIDE Page \| 216 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Once building act legislation is passed into law, building code regulations and building bylaws are developed to specify the details and rules regarding how the legislation will be applied and enforced. Setting regulations at a provincial level helps foster more consistent requirements throughout a province. Provincial or municipal building codes provide detailed regulations that define how the building legislation is to be met and enforced. They define technical requirements for construction (including renovation), building demolition, and change of use of existing buildings. The general intent of building codes is to provide a uniform set of minimum technical standards to protect the health, safety and welfare of the building occupants. They are not intended as building design manuals. The code includes sections that address fire protection, occupant safety, accessibility, structural design, environmental separation, heating, ventilating and air-conditioning, plumbing, and safety measures, and housing and small buildings. Building code does not require retrofitting of existing buildings to improve accessibility. However, many in the disability community and in the business sector do not realize this. As a result, people with disabilities may become frustrated when they encounter physical barriers, while businesses often ignore the problem based on a fear of high retrofit costs. As well, most of the accessibility provisions do not apply to residential housing. Most local governments regulate building construction through bylaws. Typically, these bylaws address such matters as building and occupancy permits, fees and Site inspections. Building officials are empowered to determine that buildings comply with these regulations. A model code is a building code that has no legal status. It can be adopted by a governmental agency (province, territory or municipality) and enforced as law, but it is not enforceable on its own. The National Building Code (NBC) is the RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 217 model building code of Canada. It was first published in 1941 to promote uniformity of building standards across Canada, and it has since had a major influence on building code requirements. The NBC is maintained and issued by the National Research Council of Canada, which is independent of the jurisdiction responsible for enacting the building code. New additions are published roughly every five years. Standards are a set of non-enforceable requirements that are typically set by different agencies and organizations. Several standards-writing agencies produce standards on various aspects of building, which are then referred to or included in building codes or in other regulations. Accessibility standards have been developed by the CSA (Canadian Standards Association), BC Housing, and the International Organization for Standardization (ISO). National Building Code Legislation (NBC 2015) In Canada, the NBC is used for federally owned (Crown-owned) Sites and buildings, such as Canada Post and RCMP facilities, Vancouver International Airport, Robert L. Stanfield International Airport, Port Authorities, and Vancouver's Canada Place.29 It also applies to new reserve construction built with federal money. NBC 2015 is the current version of the code. As shown in the table below, the six smaller provinces and all three territories have adopted the National Building Code as their provincial code, with some modifications to reflect regional requirements or procedures. The four largest provinces have published their own building codes based on the model code. 29 Treasury Board of Canada Secretariat. (February, 2018). In Directory of Federal Real Property. Retrieved f rom https://www.tbs-sct.gc.ca/dfrp-rbif/home-accueil-eng.aspx RHFAC Training STUDENT GUIDE Page \| 218 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE National Building Code (NBC) Adoption Across Canada30 Provinces that adopted the National Building Code of Canada with some modifications and additions: New Brunswick Nova Scotia Prince Edward Island Manitoba Saskatchewan Newfoundland and Labrador: Partially adopted except for fire protection and accessibility. Northwest Territories Nunavut Yukon Provinces that published their own building codes based on the model code: In Alberta, British Columbia and Quebec, the code is primarily the same as the model code, with variations that are primarily additions. In Ontario, the code is based on the model code, but with significant variations in content and scope. Ontario references the National Energy Code of Canada for Buildings in its building code. Building Legislation in British Columbia BC Building Act (2015) The BC Building Act (2015) applies throughout the province, with the exception of the City of Vancouver and federal lands and reserves.31 It was introduced in the spring of 2015 to ensure the consistency of building requirements and to streamline the building regulatory system across BC. The Act is being brought into force over four years (2015 to 2020), to allow local governments to amend their bylaws and make the transition. BC Building Code 2018 (BCBC) The BC Building Code 2018 is a regulation under the BC Building Act. It is based on the core concepts of the National Building Code, with some variations specific to 30 National Research Council of Canada. (February, 2018). Codes Canada. In Model code adoption across Canada. Retrieved f rom: https://www.nrc-cnrc.gc.ca/eng/solutions/advisory/codes\_centre/code\_adoption.html 31 British Columbia. (February 2018). BC Building Act. Retrieved f rom http://www2.gov.bc.ca/gov/content/industry/construction-industry/building-codes-standards/building-act RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 219 the province, and it applies throughout British Columbia, except for the City of Vancouver and federal lands and reserves. BC typically adopts national model codes about two years after they are published. The BCBC is updated every five years and is administered by the Building and Safety Standards Branch within the BC Office of Housing and Construction Standards. Accessibility Requirements are found in Section 3.8 of Division B. The provincial government has also developed an excellent resource, the Building Access Handbook 2014: Illustrated Commentary on Access Requirements in the 2012 British Columbia Building Code,32 which consolidates Building Code Requirements for Persons with Disabilities contained in Section 3.8 of Division B and elsewhere throughout the code. It includes design specifications for facilities such as washrooms from Section 3.7 of Division B, "Health Requirements", as well as universal requirements applicable to all building users. It also provides opinions and views that are insightful and interesting, but it does not provide legal interpretations of building code requirements. This guide can be downloaded, free of charge, from the Government of BC provincial website (Building Access Handbook (PDF, 3.6MB)). Both the BCBC and VBBL (below) can be purchased (online access or hard copy) from the Queen's Printer for British Columbia via the British Columbia Codes website: http://www.bccodes.ca 2014 Vancouver Building Bylaw (VBBL) The City of Vancouver has a separate charter and sets its own building regulations and codes independently of the rest of the province. The Vancouver Building Bylaw (VBBL) 2014 is based on the British Columbia Building Code 2012 and the 32 British Columbia. BC Of f ice of Housing and Construction Standards. (2014). Building Access Handbook 2014 -- Illustrated Commentary on Access Requirements in the 2012 British Columbia Building Code. (ISBN 978-0-7726-5851-7). Victoria: Government of British Columbia. Retrieved f rom http://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/construction-industry/buildingcodes- and-standards/guides/2014\_building\_access\_handbook.pdf RHFAC Training STUDENT GUIDE Page \| 220 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE National Building Code (NBC), and it includes Vancouver bylaw provisions regulating the design and construction of buildings. The bylaw applies throughout the city of Vancouver, with the exception of federal Sites and reserves. Accessibility Requirements are found in Division B, Section 3.8. Building Requirements for Persons with Disabilities. Building Legislation in Nova Scotia Nova Scotia Building Code Act (1989, amended 2005) https://nslegislature.ca/Sites/default/files/legc/statutes/buildcod.htm The Nova Scotia Building Code Act adopts and implements the National Building Code, with some modification and additions, throughout the province. Nova Scotia Building Code Regulations (2017) The Nova Scotia Building Code Regulations are regulations made under the Nova Scotia Building Code Act. The current regulations adopt the National Building Code of Canada, 2015.33 In terms of accessibility, this regulation repeals and replaces Section 3.8 Accessibility in the NBC with Schedule "C" Accessibility. Schedule "C" is attached as part of the regulations.34 Accessible Building Standards The Oxford Dictionary defines "standard" as "something used as a measure, norm, or model in comparative evaluations." 33 Nova Scotia. (February, 2018). Nova Scotia Building Code Regulations. 1.1.2.1 Nova Scotia Building Code. Retrieved f rom: https://novascotia.ca/just/regulations/regs/bcregs.htm\#TOC4\_3 34 Nova Scotia. (February, 2018). Nova Scotia Building Code Regulations. Schedule "C" Accessibility. Nova Scotia Building Code. Retrieved f rom: https://www.novascotia.ca/just/regulations/regs/bcregs.htm\#TOC1\_17 RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 221 Standards are a set of generally non-enforceable requirements that are typically set by different agencies and organizations. Several standards-writing agencies produce standards on various aspects of building, which are then referred to, or included, in building codes or in other regulations. Over time, the construction industry has developed accepted practices, uniform technical requirements, and terminologies in a variety of different areas, including accessible design. In Canada, a key organization that has developed accessibility standards is the Canadian Standards Association (CSA). In the United States, the Department of Justice and the Department of Transportation develop and maintain standards. The International Organization for Standardization (ISO) handles this on a global basis. CSA Group CSA Group an independent not-for-profit organization in Canada, the United States and around the world. CSA Group standards are accredited by the Standards Council of Canada (SCC) to meet the criteria of a National Standard of Canada. CSA Group has developed a set of accessibility standards: B651-12: Accessible design for the built environment (latest version). This standard contains technical requirements and specifications for making buildings and other facilities accessible to persons with a range of physical, sensory, or cognitive disabilities. It covers many different types of buildings and environmental facilities. Requirements in this standard are considered to be minimum levels. It serves as a guideline and does not have the force of law unless mandated by legislation. CSA Group guidelines are often considered superior to building code with respect to accessibility. Where building code requirements often represent a compromise with dominant developers in an area, CSA provides a response to a real need based on actual research. For example, CSA recognizes that a ramp should be 1:20 (5%) slope versus the 1:12 (8.33%) slope required in building code. CSA doesn't need to compromise -- they can just create a realistic standard. RHFAC Training STUDENT GUIDE Page \| 222 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Based on the most recent version of the National Building Code (2015), users are permitted to apply either the Design Standards as per 3.8.3 of the NBC, or the provisions of CSA B651 in their entirety. Source: NBC -- 3.8.3.1. Design Standards However, once the decision has been made for a facility, the user must stick with the selection. The National Building Code states that "users who opt to apply CSA B651 provisions must do so without exception: they cannot randomly apply a mix of provisions from the NBC and that standard." Source: NBC -- A-3.8.3.1.(1) Barrier-free Design Standards ADA Standards (US Dept. of Justice and US Dept. of Transportation) The Americans with Disabilities Act (ADA) ensures access to the built environment for people with disabilities. Standards issued under the ADA by the Department of Justice and the Department of Transportation establish design requirements for buildings and Sites across the USA in new construction and alterations. These enforceable standards apply in addition to applicable state or local codes. Facilities covered by the ADA are as follows:35 35 Retrieved f rom United States Access Board website, Guide to the ADA Standards, Chapter 1: Using the ADA Standards. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 223 State and local government facilities. All types of public facilities are covered, including schools, hospitals, public housing, courthouses and prisons. Places of public accommodation and commercial facilities. Places of public accommodation are facilities that affect commerce. They include stores and shops, restaurants and bars, sales or rental establishments, service establishments, theatres, places of lodging, recreation facilities, assembly areas, private museums, places of education, and others. Transportation facilities, and state and local government facilities. Bus stops and stations, rail stations, and other transportation facilities are required to be accessible by the ADA. The ADA also establishes standards for transportation vehicles, including buses, vans and rail cars. The ADA does not apply to religious entities, private clubs and private residential housing. International Organization for Standardization (ISO) The ISO is an independent non-governmental organization with a membership of 161 national standards bodies. Canadian membership is held by the Standards Council of Canada (SCC), a federal Crown corporation. The ISO standard specifies a range of requirements and recommendations for many of the elements related to accessibility in the built environment. Specifically: ISO 21542:2011 Building construction -- Accessibility and usability of the built environment (2011). Other Government Accessibility Initiatives Accessibility 2024 (BC) 10-Year Action Plan Released by the Premier of BC in June 2014, Accessibility 2024 is a 10-year action plan to make "B.C. the most progressive province in Canada for people with disabilities by 2024". It includes the following 12 building blocks, each of which contains a series of commitments to improving accessibility, along with measurements for success: Inclusive Government RHFAC Training STUDENT GUIDE Page \| 224 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Accessible Service Delivery Accessible Internet Accessible Built Environment Accessible Housing Accessible Transportation Income Support Employment Financial Security Inclusive Communities Consumer Experience Emergency Preparedness In terms of the built environment, success will be measured: "1. By the number of B.C. communities incorporating accessibility strategies into their Official Community Plans. 2\. By the percentage of publicly owned and leased facilities that are accessible." The Building Access Handbook 2014, based on the 2012 BC Building Code, was released to support this initiative and is available online. Working with Building Code RHFAC Professionals will be expected to review buildings and building plans at an elementary level relative to current building code. Compliance with code provides the baseline for accessible design for people with disabilities. To apply building code in the rating of a facility, one must first understand how to navigate building code documents and to locate the appropriate content as it relates to accessibility requirements for persons with disabilities. It is important to note that an RHFAC Professional will not be a trained Building Code Consultant. For a detailed code review, a professional Building Code Consultant who specializes in this area should be retained. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 225 In this program, we will be using the NBC to demonstrate how to use building code. Since building codes that are currently in use across Canada today are all variations of the NBC, the basic concepts and techniques students learn here will apply anywhere in the country. Only the content will vary. NBC Building Code Organization and Structure The current version of the National Building Code is the NBC 2015. It comprises two volumes. Volume 1 consists of three divisions (A, B and C), which are further divided into parts. Volume 2 consists of one division and one part -- Division B, Part 9. Please refer to the "Description of Building Code Content" section in this unit for additional details. Standard Numbering System Each division is structured using a standard numbering system as shown in the table below. The example provided is based on Part 3 of Division B, Acceptable Solutions. Note: This structure should be used when referencing code if RHFAC Professionals are preparing full rating reports. This is not a requirement for this course or when conducting ratings. Students who are new to the field should understand how the code works, but they will not be expected to provide specific references as part of their documentation. Number Type Example 3 Part Fire Protection, Occupant Safety and Accessibility 3.8 Section Accessibility 3.8.2 Subsection Application 3.8.2.2 Article Entrances 3.8.2.2.(1) Sentence In addition to the barrier-free entrances required by Sentence RHFAC Training STUDENT GUIDE Page \| 226 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE \(2) not less than 50% of a building referred to in Sentence 3.8.2.1. shall be barrier-free and shall lead from 3.8.2.2.(1) (b) Clause the outdoors at sidewalk level, or 3.8.2.3.(2) (b) (i) Subclause N/A for this example. 3.8.1.2.(4) (b) (i) (A) Sub-subclause N/A for this example. Language Conventions When using code, students also need to be aware of the meaning of the words "and" and "or" between clauses and subclauses of a sentence: When clauses are connected by "and", that means that all clauses in the series apply. When clauses are connected by "or", that means that one of the clauses in the series must apply. Description of Building Code Content Each division and its respective parts are explained in the following sections, along with the key information related to application of the code. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 227 Division A: Compliance, Objectives and Functional Statements Overview Division A defines the scope of the code and presents the objectives that the code addresses as well as the functions the building must perform in order to help satisfy those objectives and achieve compliance. In terms of scope, the code applies to new construction, including large renovation, change of use, and alteration or repair of existing buildings. It is important to note that code compliance is based on the laws that were in effect at the time of building construction, renovation, etc. The code does not provide standards for existing buildings. Compliance (Division A, Part 1) is achieved by: Providing acceptable solutions (as per Division B of the code), or via a comparable alternative solution. Complying with high-level objectives (Division A, Part 2). It is a building owner's responsibility for the life and safety of the occupants of a building. Accordingly, the NBC establishes requirements to address five high-level objectives: o Safety o Health o Accessibility for persons with disability o Fire and structural protection of buildings o The environment These high-level objectives are further defined in a detailed list of objectives related to each of the five areas and where they apply. Complying with objectives specific to accessibility (Division A, Part 2): o There are two objectives related to accessibility (OA1 and OA2). o These objectives specify that a person with a physical or sensory limitation should be able to access a building, circulate within it and use its facilities. RHFAC Training STUDENT GUIDE Page \| 228 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE o They apply to all buildings except houses (detached, townhouses, duplexes, etc.), industrial buildings and buildings that are not occupied on a daily, fulltime basis. Complying with functional statements related to accessibility (Division A, Part 3): o Functional statements describe the functions the building must perform to satisfy the objectives and achieve compliance. o There are two functional statements related to accessibility (F73 and F74). o These functional statements specify that a building is to facilitate access to, circulation in, and use of its facilities by persons with physical or sensory limitations. o They are applicable to all buildings except houses (detached, townhouses, duplexes, etc.), industrial buildings and buildings that are not occupied on a daily, full-time basis. Division B: Acceptable Solutions Division B of the NBC contains acceptable solutions (commonly referred to as "technical requirements"), which are deemed to satisfy the objectives and functional statements listed in Division A. Division B also contains many references to standards published by accredited standards development organizations in Canada, including CSA Group. These standards also provide acceptable solutions for satisfying the objectives and functional statements. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 229 Part 3: Fire Protection, Occupant Safety and Accessibility Overview Part 3 contains building requirements with respect to health and fire safety. These include requirements related to accessibility. While most requirements related to accessibility are contained in Section 3.8. Accessibility, it is important to note that not all items related to accessibility are found in this section: Section 3.3. Safety within Floor Areas contains requirements related to Means of Egress, Doors and Door Hardware, Protection on Floor Areas with a Barrier-Free Path of Travel (3.3.1.7.). For example, requirements for lever hardware are found in 3.3. Section 3.4. Exits, Section 3.5. Vertical Transportation, and Section 3.7. Plumbing Facilities also contain related requirements. Students should familiarize themselves with these areas, as well. Building Classification The nature and use of a building also influence building requirements. Every building must be classified according to its major occupancy (occupancy type), as this dictates which requirements of the code will apply. Building classification is based on the type of facility, who is using it and how it is being used. RHFAC Professionals will need to understand how buildings are classified by code. This information is contained in Subsection 3.1.2. Classification of Buildings or Parts of Buildings by Major Occupancy, as detailed below. Key information: 3.1.2. Classification of Buildings or Parts of Buildings by Major Occupancy 3.1.2.1. Classification of Buildings Every building must be classified according to its major occupancy (occupancy type), as this dictates which requirements of the code will apply. Building RHFAC Training STUDENT GUIDE Page \| 230 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE classification is based on the type of facility, who is using it and how it is being used. A building intended for use by more than one major occupancy shall be classified according to all major occupancies for which it is used or intended to be used. Section 3.8. Accessibility There are three Subsections (Scope, Application and Design) as well as a "Notes" section related to accessibility or barrier-free design regulations. It is important to remember that not all items related to accessibility are found in Section 3.8. 3.8.1. Scope. This Subsection defines the scope of Section 3.8 -- it essentially states that this Section is concerned with barrier-free design and that buildings need to comply with these requirements. 3.8.2. Application. This Subsection defines the types of buildings (occupancies) to which accessibility requirements will apply, as well as any exceptions. It also specifies the areas of a building that require barrier-free design. These areas include building entrances, access to storeys and areas within a building, access to parking areas and exterior passenger-loading zones, power door operators, plumbing facilities, assistive listening devices, signage, and counters. 3.8.3. Design. This Subsection provides technical requirements and design standards related to accessible elements of a building. It includes barrier-free paths of travel, exterior walks, exterior passenger-loading zones, ramps, doorways and doors, passenger elevating devices, controls, signage, drinking fountains, various types of washroom facilities, assistive listening devices, counters, and spaces in seating areas. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 231 A-3 Application of Part 3 -- Notes to Part 3: Fire Protection, Occupant Safety and Accessibility (p. 315). The "Notes" sections of the code provide assumptions and guidelines for applying the requirements of Part 3. However, recommendations found in this section are non-enforceable. Key areas are as follows: A-3.1.2. Use Classification. Contains notes related to determining major occupancy classification. A-3.8. Barrier-Free Design Assumptions (A-3.8.2.1. to A-3.8.3.20) (p. 356). Explains the intent of requirements and provides detailed diagrams to illustrate accessible designs and dimensions. Division C: Administrative Provisions (p. 647) Division C in the NBC contains a number of different administration provisions as well as documentation requirements for alternative solutions to what is included in the code. Determine Applicable Building Code Jurisdiction When applying building code, the first step is to determine which code applies to a facility. For some properties, there may be multiple jurisdictions involved. Accordingly, it is important to understand how to determine which code will apply. Generally speaking, ownership of the land drives the applicable code, along with geographical location: Private ownership. o For a privately owned building, the code for the local jurisdiction applies. RHFAC Training STUDENT GUIDE Page \| 232 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE o In BC, either the VBBL or the BCBC would apply, depending on whether the property is located inside or outside the City of Vancouver. o In Ontario, the Ontario Building Code applies throughout the province. o In Nova Scotia, the Nova Scotia Building Code regulations apply throughout the province. Public ownership (municipal, provincial, or federal government). o Federally owned. National Building Code (NBC) applies to federally owned properties. o Provincially owned. Provincial code applies. For example, a provincial government building located in the City of Vancouver would fall under the BCBC. o Municipally owned. Code for local jurisdiction applies. Examples: The BCIT Aerospace Centre is located on Sea Island in Richmond, BC. The land that BCIT is situated on is federally owned. But, it is controlled by the Vancouver International Airport Authority (YVR), as YVR controls all building on Sea Island under a charter with the federal government. In this case there are three jurisdictions and three possible codes: City of Richmond, which falls under BCBC. YVR, which has its own building requirements. Federal government, which owns the land, and falls under the NBC. Since ownership of the land drives the applicable code, NBC takes priority as the federal government owns the land. Typically, a discussion between the various parties takes place to confirm which code will apply, based on land ownership and jurisdiction. Year of Construction As mentioned previously, unless a building is being newly constructed, substantially altered or renovated, or has a change to its use or occupancy, it should conform to the version of the code that was in force when it was constructed. RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 233 However, RHFAC ratings will consider the current version of the code, regardless of when the building was constructed. Classify Building by Major Occupancy The purpose of classification is to determine which building requirements apply, as the code requires classification in accordance with every major occupancy for which the building is used or intended to be used. Buildings are classified based on primary uses or occupancies and occupancy load (number of people using the building). Occupancy "means the use or intended use of a building or part of a building for the shelter or support of persons, animals or property."36 Major Occupancy "means the principal occupancy for which a building or part of a building is used or intended to be used and is deemed to include the subsidiary occupancies that are an integral part of the principal occupancy."37 Main occupancy types are as follows: 1\. Assembly 2\. Detention 3\. Care and Treatment 4\. Care 5\. Residential 6\. Business and Personal Services 7\. Mercantile 8\. Industrial Many of these occupancies are further divided into "Divisions" or subcategories. 36 Ontario. Ontario 2012 Building Code Compendium, Division A -- Part 1, Section 1.4 Terms and Abbreviations. 37 Ontario. Ontario 2012 Building Code Compendium, Division A -- Part 1, Section 1.4 Terms and Abbreviations. RHFAC Training STUDENT GUIDE Page \| 234 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Many buildings contain multiple occupancies. Where this occurs, each area needs to be classified individually. Where multiple codes apply in a situation, the more stringent requirement will be adhered to. The following tables provide a summary, as well as examples, of Major Occupancy Classifications as per A-3.1.2.1.(1) Major Occupancy Classification. Group A: Assembly Occupancies Assembly Occupancies Definition: Use of a building or part of a building by a gathering of persons for civic, political, travel, religious, social, educational, recreational or similar purposes or for the consumption of food or drink. Division 1 For production and viewing of performing arts Examples: Theatres, studios and opera houses Division 2 Not elsewhere classified in Group A Examples: Art galleries, exhibition halls, libraries and museums Bowling alleys Amusement arcades and billiard halls Churches, clubs, nonresidential Community, dance and lecture halls Courthouses Gymnasiums Restaurants Lodge rooms Passenger terminals Schools and colleges, non-residential Undertaking premises Division 3 Of the arena type Examples: Arenas and ice rinks, swimming pools Division 4 Occupants are gathered in the open air Examples: Bleachers, grandstands and stadiums, drive-in theatres RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 235 Group B: Care and Detention Occupancies Detention Occupancies Definition: An occupancy in which persons are under restraint or are incapable of self-preservation because of security measures not under their control. Division 1 Detention facilities Examples: Jails, psychiatric hospitals, police stations Care and Treatment Occupancies Definition: An occupancy in which persons receive special care and treatment. Division 2 Care and treatment facilities Examples: Facilities for people with developmental disabilities Homes for the aged Hospitals Long-term care Nursing homes Care Occupancies Definition: An occupancy in which special care is provided by a facility, directly through its staff or indirectly through another provider, to residents of the facility, \(a) Who require special care because of cognitive or physical limitations, and \(b) Who, as a result of those limitations, would be incapable of evacuating the occupancy, if necessary, without assistance of another person. Division 3 Residential care and convalescent facilities Examples: Children's custodial homes Convalescent homes Group homes for people with developmental disabilities Residential care facilities RHFAC Training STUDENT GUIDE Page \| 236 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Group C: Residential Occupancies Residential Occupancies Definition: An occupancy in which sleeping accommodation is provided to residents who are not harboured for the purpose of receiving special care or treatment and are not involuntarily detained. Division: N/A Buildings in which people reside, either permanently or temporarily Examples: Apartment and condominium buildings Clubs, residential Schools and colleges, residential Dormitories Hotels and motels Group D: Business and Personal Service Occupancies Business and Personal Services Occupancies Definition: Use of a building or part of a building for the transaction of business or the provision of professional or personal services. Division: N/A Business, professional or personal services Examples: Banks Barbers and hair dressers Laundry and dry-cleaning, selfservice Dental and medical offices Offices Police stations without detention quarters Radio stations Group E: Mercantile Occupancies Mercantile Occupancies Definition: Use of a building or part of a building for the displaying or selling of retail goods, wares or merchandise. Division: N/A RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 237 Examples: Department stores Exhibition halls Markets Restaurants with an occupant load not more than 30 persons consuming food and drink Shops, stores, supermarkets RHFAC Training STUDENT GUIDE Page \| 238 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE Group F: Industrial Industrial Occupancies Definition: Use of a building or part of a building for the assembling, fabricating, manufacturing, processing, repairing or storing of goods or materials. Division 1 High Hazard: Contains sufficient quantities of highly combustible and flammable or explosive materials to constitute a special fire hazard because of their inherent characteristics. Examples: Bulk plants for flammable liquids Bulk storage warehouses for hazardous substances Chemical manufacturing and processing plants Distilleries Division 2 Medium Hazard: Combustible content is more than 50 kg/mÇ or 1,200 MJ/mÇ of floor area and that is not classified as a high hazard industrial occupancy. Examples: Aircraft hangars Cold storage plants Electrical substations Freight depots Laboratories Service stations Warehouses Division 3 Low Hazard: Combustible content is not more than 50 kg/mÇ or 1,200 MJ/mÇ of floor area. Examples: Creameries Laboratories Power plants Storage garages, including open air parking garages Storage rooms Warehouses RHFAC Training STUDENT GUIDE RHFAC Training STUDENT GUIDE - Version 3.0, September 2020 Page \| 239 Administration and Enforcement of Building Code Administration and enforcement of building code is done at the municipal level and takes place throughout the various stages of a construction project. Unit 6.1 covers Construction Projects in detail. Although processes vary across jurisdictions, the following description represents a consistent interpretation of municipal process. In most provinces, provincial building codes have superseded all municipal building bylaws regulating construction of new buildings. Despite being provincial statutes, they are administered and enforced by the local municipality. Local building bylaws may apply to all existing buildings and to construction projects involving minor alterations to existing buildings. Building permits ensure that the work is constructed to code. Municipal building department teams, consisting of building officials and staff, enforce code compliance. To identify upcoming projects, the RHFAC Professional can check the list of development permits or rezoning. Key participants in the municipal process are listed below. The size of the town or city influences the availability of in-house resources and processes. Building owner (client) Architects Engineers Building inspectors Building plan reviewers Building permit issuers -- review plans (submitted by architect, engineer, or builder) for compliance with applicable codes. Once the building RHFAC Training STUDENT GUIDE Page \| 240 Version 3.0, September 2020 - RHFAC Training STUDENT GUIDE department reviews the drawings and determines whether the plans comply with the minimum codes in the jurisdiction, they will issue a building permit to the owner or contractor. Code consultants -- may work for the city (if a small city without depth of experience) or the owner or consultants Planning department (city planners) An experienced RHFAC Professional may participate in projects related to new construction or major renovations. Ideally, they would be a key member of the design team. In these situations, it is important that they understand how the municipal processes work as they work with various stakeholders throughout the construction process. NOTES