Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Standing Committee on Planning and Environment

FROM:

Chief Building Official and the Director of CityPlans

SUBJECT:

Report Back on Changes to the Vancouver Building By-Law to Enhance Accessibility in Residential (Apartment) Buildings, and Outstanding Issues

 

RECOMMENDATION

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council Policy related to the building requirements for persons with disabilities is established in Section 3.8 of the 1999 Vancouver Building By-law. For multiple unit residential buildings, an accessible route is only required:

a) from the street to the main entrance;

b) from a private parking area to an accessible entrance; and

c) where an elevator is provided, from either the main entrance or the entrance noted in clause b), to an accessible elevator.

PURPOSE AND SUMMARY

In November 2001, Council approved in principle a number of proposed amendments to the Vancouver Building By-law (VBBL) aimed at improving access to all residential units, common areas and washrooms in all multiple unit apartment type buildings with more than four units, an elevator, and a shared public corridor. These amendments are outlined in Appendix A. In addition, Council directed staff to work with development industry representatives to seek resolution of areas of concern: achieving unit entry door clearances, enhancing access to balconies, providing one "visitable" washroom, and implementation of the proposed changes.

The purpose of this report is to update Council on discussions with industry representatives regarding the proposed amendments to the VBBL, and to seek Council approval for the implementation of the amendments. The report also describes work underway looking at amendments to the Zoning and Development By-law to support the visitable washroom provision; a separate report on this topic will be brought to Council in early summer. Inaddition, the report offers for consideration proceeding with a consultant study to investigate the feasibility of enhancing access to balconies.

BACKGROUND

Over the last decade, the City has sought to enhance accessibility for residential uses, beyond the requirements of the Vancouver Building By-law. The goal has been to foster independent access to and use of housing by a wider range of people than current housing design permits. This includes seniors who wish to remain living independently, people with conditions such as arthritis and people with permanent or temporary mobility or visual limitations.

Recently, Council directed staff to look at changes to the VBBL to improve access in apartment buildings to individual residential units, common areas, and washrooms. Staff reviewed existing VBBL requirements, and investigated initiatives in other jurisdictions, including other municipalities in the Lower Mainland, the USA and the UK. In addition, as noted in the November 2001 report, staff investigated the proposed changes to the National Building Code, which would provide for improved access in apartment type buildings.

Improved accessibility has short and long-term benefits, including:

DISCUSSION

Discussions with Industry and Disabled Community Representatives

As noted in the November 2001 report, industry and staff agreed on most of the proposed amendments to the VBBL. Since then staff have met with representatives from the development industry and the disabled community to resolve remaining concerns (UDI, the Greater Vancouver Homebuilders Association, Concord Pacific, Polygon Homes, the Special Advisory Committee on Disability Issues, UBC).

Discussion focussed on: achieving unit entry door clearances, enhancing access to balconies, providing one "visitable" washroom, and implementation of the proposed changes. Each of these is discussed below.

a) Achieving Unit Entry Door Clearances

The provision of a clear space adjacent to the unit entry door allows for unobstructed access and ease of use by a person using a wheelchair or a walker. Industry noted that in many units, meeting this provision could require up to 0.7m² (8 sq.ft .) of floor space. It was agreed that the 600mm (2') clear space could be reduced to a 450mm (18") clear space, reducing the amount of space required to 0.6m² (6 sq.ft.). This lesser clearance is the current residential requirement in some parts of the USA. Furthermore, the 600mm (2') standard is our current standard for commercial uses, and 450mm (18") may be an acceptable residential standard. In addition, as previously proposed, where a clear space cannot be provided, the revised amendments propose allowing prewiring for an automatic door opener as an alternative.

b) Enhancing Access to Balconies

The November 2001 report proposed that balcony curbs be limited to 100mm (4") in height, to allow for adequate waterproofing of balcony door thresholds, yet allow for the installation of compact temporary ramps, as appropriate.

Concerns relating to both the feasibility of ensuring waterproofing with a lower curb, and the suitability of compact ramps were discussed. A number of issues were raised regarding water penetration in wood frame as well as concrete construction, such as the impact of wind direction, and overhang. It was agreed that the current situation of water penetration and damage suggests that further study is needed to determine how to proceed on this issue. Staff estimate that the cost of this study would be between $10,000 and $15,000; source of funds is the 2002 contingency fund.

Achieving access to balconies remains a long term goal. In the short term, other budget constraints and project commitments should be considered. Should Council wish to proceed, staff submit Consideration item C.

c) Work in Progress - Provision of One Visitable Washroom

The proposed requirement is for a 750mm (2'6") wide X 1200mm (4') long clear space in front of the toilet and sink in one washroom on the same floor as the main unit entry. This enables a person in a wheelchair to wheel into the washroom, close the door, use the facilities, and back out. This requirement is acceptable to all stakeholders.

Meeting this requirement is key to enhancing accessibility to residential units. Without it, visitability remains limited. Further, in the interests of longer term usability, providing such a washroom is important in all units to provide for ease of movement and allow space for possible assistance from a second person.

It should be noted that the proposed requirement does not provide a fully accessible washroom, and does not provide for a turning radius. Most washrooms currently meet the 750mm (2'6") width dimension, but generally lack about 300mm (1') in the length dimension. Shortening the requirement to 900mm (3') (from 1200mm or 4') would not allow for the door to be closed. Alternative ways of meeting the requirements, such as a pocket door, or a door swinging out were discussed, but not preferred for marketing and operational reasons.

Industry concerns focussed on the difficulty of achieving the proposed requirement for a clear space in front of the sink and toilet in small units where space is at a premium. They believe that the additional square footage is better placed in a living area rather than the washroom. The standard washroom size in small units is 2400mm X 1500mm (8' X 5'). A visitable washroom can be designed that is approximately 2750mm or 3000mm (9' or 10') in length, with no change in the 1500mm (5') width, thereby requiring an additional
0.5 - 1.0 m² (5-10 sq.ft.).

The solution preferred by industry is to allow the exclusion of the required clear space (1.0m²/10 sq.ft.) from the computation of FSR. While several options are available to achieve this solution, staff from Planning, Development Services and Legal Services are focussing on the following three to determine the best approach:

While the goal is that one of these solutions be applied only to small units (less than 69m²/750 sq.ft.), the possibility of such a limitation is being examined by Legal Services
Whatever solution is ultimately chosen will require a text amendment to the Zoning and Development By-law. It should be noted that the chosen solution would apply to buildings with three or more units, rather than the four or more units previously stated. This will ensure consistency with the Zoning and Development By-law definition of multiple dwelling. This change has no major implications, as most building with only three units do not have an elevator, and hence would not be subject to the proposed amendment.

d) Implementation of the Proposed Changes

As noted in the November 2001 report, industry representatives raised concerns about the timing of the implementation of the proposed amendments. They noted that, due to the space implications of some of the proposed amendments, a longer lead time is required. This is especially the case for larger projects which take longer in the development process. In particular, they are concerned about the possibility of having to redesign a building that is currently in the development process, but not yet in the Building Permit stage, should Council approve enactment of the proposed amendments. Staff acknowledge the difficulties inherent in trying to reconfigure existing plans to meet new requirements, as compared to the ease of incorporating new requirements into the building design process right from the beginning.

The solution proposed involves grouping the proposed amendments into two groups: amendments which have no floor space implications (Group A) and amendments which do (Group B). These groupings are outlined in Appendix A. It is proposed that the Group A amendments be enacted immediately and apply to all projects in the development process.

With respect to the Group B amendments, these would be enacted in approximately 15 months, and would apply to all projects applying for a Building Permit at that time. The requirement for the visitable washroom falls within the Group B amendments, a requirement that would be facilitated by a change in the Zoning and Development By-law. A report back on the zoning change in approximately three months, combined with a 12 month lead time, results in enactment being approximately 15 months away. Industry would be notified regarding this 15 month period, to allow projects in process to proceed, and provide adequate notification for new applicants. It is anticipated that very few projects might therefore be caught midstream in the development process given the 15 month lead time. Furthermore, these proposed changes have been under discussion with industry since the fall of 2001. This proposed solution provides clarity and certainty to staff and industry. It would see some features implemented without delay, yet not cause undue hardship on projects midstream in the development process.

CONCLUSION

Through further discussions with representatives of the development industry and the disabled community, agreement was reached on outstanding issues, and revisions were made to the proposed amendments to the VBBL aimed at enhancing accessibility in apartment type residential buildings. Further work includes a report back on amendments to the Zoning and Development By-law to help support the visitable washroom requirements. Access to balconies remains an issue for further study.

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APPENDIX A

GROUP A PROVISIONS - IMPLEMENT NOW

Lower the exterior intercom from 1375mm to 1200mm

Demarcate all interior and exterior stairs and ramps accessible to the public with colour contrast or a distinctive pattern

Use door assemblies within dwelling units and common amenity areas that

    a) do not require tight grasping or twisting of the wrist
    b) operate when a force of not more than 38N for exterior doors and 22N for interior doors is applied at the handle, push plate or latch-releasing device except for locations where greater pressures are required to ensure proper building function

Provide lever type faucets or devices which do not require tight grasping or twisting of the wrist for all sinks within dwelling units and common amenity areas

Provide reinforcement in wall assemblies adjacent to the toilet and bathtub where such walls would accommodate the future installation of grab bars.

GROUP B PROVISIONS - APPLY ONLY TO NEW BUILDING PERMIT APPLICANTS

Provide an accessible path of travel from the main entrance and from a private parking area to the entry door of all suites and to common amenity areas containing recreational, storage and laundry facilities for use by the occupants.

Provide a 450mm clear space at the suite entry door. Where this cannot be achieved, it may be omitted provided the suite is prewired for an automatic door opener.

Where washrooms are provided in public or common areas of a building, an accessible toilet and wash basin shall be provided available to both sexes.

The interior main floor of the unit shall be constructed level with the entry door threshold level, except where ramps or other methods are used to provide access.

Provide a washroom, containing at minimum a wash basin and toilet, on the main entry level of each dwelling unit. This room shall provide a clear opening at the doorway of 800mm and provide a clear floor space 750mm wide X 1200mm long in front of both the lavatory and toilet clear of the door swing to allow persons in wheelchairs to use the facilities.

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