REPORT TO
THE MINISTER FOR PLANNING AND ENVIRONMENT
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3/09/6 | 20 March 2012 |
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Proposed amendments to the Technical Guidance published in support of the bye-law requirements relating to access and use of buildings. |
Purpose of the Report
This report brings to the Minister the results of the public notice inviting comment on proposed changes to the technical guidance published in support of the Building Bye-law requirements relating to access and use of buildings. It proposes that in view of the comments received revised technical guidance should be published.
Background and Discussion.
The building bye-law requirements and supporting technical guidance, relating to access and use of buildings, were last revised in 2007. In 2009, the States adopted the proposition (P.168/2009) of Deputy Andrew Green, which requested the Minister for Planning and Environment to amend the building bye-laws and planning policies as appropriate to ensure, that all new large or significant renovation projects of public buildings which have a ground floor of 700 square metres or more, and all new public toilets, include a ‘changing places’ disabled toilet facility. Proposals aimed at satisfying this request, as well as updating the approved technical guidance in light of comments received since its publication in 2007, were set out in a document approved by ministerial decision (MD-PE-2011-0095). That document was published for public comment in November 2011.
Notification of proposals.
Details of the proposed changes were set out in a document that was published on the States website in November 2011. A copy of the document was also e-mailed directly to all architects and surveyors who regularly submit planning and building applications with an invitation to comment. The date for the return of responses was set at 12 December 2011, although copies of the response form remained available on the States website for two months after that date. Two replies have been received in response to the invitation to comment. A summary of those responses is given in Appendix 1 to this report.
Legal and resource implications.
Article 31 (2) of the Planning and Building (Jersey) Law 2002 empowers the Minister to make Building Bye-laws relating to access and use of buildings. Article 32 empowers the Minister to publish guidance in support of those requirements. The proposed revisions to the currently approved technical guidance are such that there will be no departmental resource implications arising from the amendments.
Recommendation.
That the Minister:
- Authorises the revisions as set out in Appendix 2 to this report.
- Publishes a 2012 Edition of the Technical Guidance Document Part 8, with the revisions set out in Appendix 2, for the purposes of providing guidance on meeting the requirements of Part 8 of the second schedule to the building bye-laws (Jersey) 2007, as amended.
Written by: | Director – Building Control |
Attachments: Appendix 1 – Summary of responses.
Appendix 2 - Revisions to the Technical Guidance Document - Part 8.
Appendix 1.
Access and Use of Buildings - Consultation – Summary of responses.
Table 1: Responses by type of respondent.
Type of organisation. | Number of responses |
Architect | 1 |
Individual | 1 |
Total | 2 |
Question 1: Do you think the proposals in respect of the Changing Places Sanitary Accommodation are reasonable?
Respondents stated the proposals were reasonable. However, it was suggested that consideration be given to merging the CP facility with the standard wheelchair accessible WC. It was also suggested there will arrive a time when the Island is reasonably provided with CP facilities and as such there would be no need for the bye-law requirement.
Department’s comments:
CP facilities require extended space to accommodate disabled people, often with large complex wheelchairs and as such it would not be practicable to combine it with facilities for independent wheelchair users. It is agreed that there will arrive a time when the Island is reasonably provided with CP facilities and that when this occurs the need for regulation in this area will diminish.
Question 2: Do you think the proposals in respect of Section 6 are reasonable?
All respondents stated the proposals were reasonable and made no other comments.
Question 3: Do you think the proposals in respect of Section 8 are reasonable?
Respondents stated the proposals were reasonable. It was suggested that the recommendation for locating consumer units within the height range for other switches and sockets may cause issues for electrical contractors.
Department’s comments:
Discussions have been held with representatives of the Jersey Electrical Contractors Association (JECA) regarding the positioning of consumer units within the height range of 450mm and 1200mm above finished floor level. The outcome of those discussions was that this standard could reasonably be achieved. No formal response to the proposals has been received from the JECA.
Question 4: Do you think the proposals in respect of Section 9 are reasonable?
All respondents stated the proposals were reasonable and made no other comments.
Question 5: Do you think the proposals in respect of Section 10 are reasonable?
All respondents stated the proposals were reasonable and made no other comments.
Question 6: Do you think the proposals in respect of Section 11 are reasonable?
All respondents stated the proposals were reasonable and made no other comments.
General suggestions and Observations:
One respondent put forward suggestions on what would be reasonable in terms of CP facilities for the population of Jersey. It was suggested that nine CP facilities at the following locations around the Island would be appropriate.
- Airport.
- Le Braye slipway. St Brelade.
- St Brelades Bay.
- St Aubin.
- Jardins de la Mare.
- Town Hall, St Helier
- Elizabeth Terminal. St Helier.
- Town Park.
- Gorey Harbour
Department’s comments:
It is agreed that the nine locations suggested would provide a good level of coverage and that if CP facilities were to be provided at those locations this may negate the need for regulation in future.
Appendix 2.
PROPOSED REVISIONS TO THE TECHNICAL GUIDANCE DOCUMENT PART 8.
1. DESIGN GUIDANCE RELATING TO THE PROVISION OF CHANGING PLACES FACILITIES TO BE ADDED TO SECTION 5 OF TGD 8 AS FOLLOWS :
Changing Places sanitary accommodation.
Design considerations.
5.22 A Changing Places (CP) facility is a combined toilet, shower and changing room for use by people with complex and multiple disabilities who require the help of up to two assistants. The space needs to be fitted with a fixed tracked hoist system so that assistants can fit the user’s slings to the hoist and move the person to the various items in the facility.
Any larger building where the public have access in numbers or where visitors might be expected to spend longer periods of time is a suitable venue for a CP facility. Such facilities are particularly important in buildings that might offer the only suitable sanitary accommodation within a locality, or in buildings where public services are provided.
CP facilities require extended space to accommodate disabled people, often with large complex wheelchairs with elevated leg rests, a reclining facility or integral oxygen cylinders, and space to fit slings for use with the hoist. It also needs to be possible for a wheelchair to be parked within the facility when not in use without compromising the safe access and use of the equipment.
As CP facilities are not designed for the use of independent wheelchair users, or to be used as baby changing facilities, they should be provided in addition to other Wheelchair-accessible unisex toilets, in large buildings and complexes, such as:
- transport buildings, e.g. harbours, airport and bus stations;
- sport and leisure facilities, including large hotels;
- cultural centres, such as museums, concert halls and art galleries;
- stadia and large auditoria;
- shopping centres;
- key public buildings;
- educational establishments and public libraries;
- health facilities, such as hospitals and health centres.
Provisions
5.23 A CP facility will satisfy requirements 8.1 or 8.3 if:
- one is provided in any newly constructed or extended public buildings, which at completion of the work, have a ground floor area of 700 square metres or more;
- one is provided in any newly constructed public toilet facility;
- the CP facility is in addition to, not in place of, any provision made for unisex wheelchair accessible WCs;
- the CP facility is at least 3m wide and 4m long, with a ceiling height of 2.4m;
- doors are outward opening and are fitted with a horizontal closing bar fixed to the inside face;
- the CP facility has full room cover overhead tracked hoist system (either ceiling- or wall-mounted) conforming to BS EN 10535.The room structure and the track is capable of supporting a safe working load of 200 kg, with all ceiling fittings and fixtures being flush, recessed or shallow fittings to allow free movement of the moving rail of the tracked hoist, and the manufacturers’ operating instructions are permanently displayed;
- the room is provided with a height adjustable changing bench, capable of operating at a safe working load of 200 kg, which has a covering suitable for use when a person is showering as well as changing;
- the room is provided with adequate lighting and space heating;
- the CP facility contains, as a minimum, the fittings and accessories indicated shown in Diagram 20A.
2. SECTION 6: PARAGRAPHS 6.14, 6.19 AND 6.21 TO BE AMENDED AS FOLLOWS:
6.14 If the existing topography is such that the route from the point of access towards the entrance has a plot gradient exceeding 1 in 20 but not exceeding 1 in 15 and, changes to site levels are not proposed as part of the works, Requirement 8.1 will be satisfied if a ramped approach is provided.
6.19. Where the approach to the entrance consists of a level or ramped approach (see paragraphs 6.13 - 6.15), an accessible threshold should be provided at the entrance, and at a rear door which leads to an outside amenity space. An accessible threshold into entrance level flats should also be provided.
6.21. If the approach to the dwelling or block of flats consists of a level or ramped approach, Requirement 8.1 will be satisfied if an accessible threshold is provided into the entrance, and to at least one rear door which provides access to an outside amenity space. The design of an accessible threshold should also satisfy the requirements of Part 4: ‘Preparation of sites and resistance to moisture. Note: General guidance on design considerations for accessible thresholds has been published separately by The Stationery Office as ‘Accessible thresholds in new housing: guidance for house builders and designers’.
3. SECTION 8: PARAGRAPHS 8.2 AND 8.3 TO BE AMENDED AS FOLLOWS:
8.2. Switches for lighting, power socket outlets, meters, consumer units and other equipment should be located so that they are easily reachable.
8.3 A way of satisfying Requirement 8.1 would be to locate switches for lighting, consumer units, power socket outlets and similar equipment in the building at appropriate heights between 450mm and 1200mm from finished floor level (see Diagram 29). Controls that need close vision such as Thermostats should be sited at the top end of the range.
4. SECTION 9: PARAGRAPHS 9.3 AND 9.5 TO BE AMENDED AS FOLLOWS:
9.3 If there is no passenger lift providing access between storeys, a stair should be designed to suit the needs of ambulant disabled people. In addition, in buildings without a passenger lift, a stair in a common area should be designed to be suitable for people with impaired sight.
9.5. A new sub-paragraph G. a clear width of 1000mm
5. SECTION 10:
Hatching in diagrams 31 and 32 to be extended to clarify 700mm space between wall and WC should be clear of obstruction.
6. SECTION 11: PROVISIONS 11.3 – A,C,D,E, AND H TO BE AMENDED AS FOLLOWS:
a. space for turning a wheelchair in dining areas, living rooms and kitchens is provided equal to a turning circle of 1500mm diameter or a 1700mm x 1400mm ellipse.
c. at least one window in each room which has a window provided for ventilation purposes has window controls that are easy to operate without using both hands simultaneously;
d. at least one bathroom or shower room has a floor area, measured between the finished surface of the walls, of at least 2.0m x 2.2m to incorporate ease of access to a bath or shower, WC and wash basin. (diagram 33 deleted)
e. a stair serving the upper floors in the dwelling has a clear flight width of at least 900mm, or a suitable space is identified between a room on the ground floor and a room on the first floor, which is not a kitchen, and the floor structure trimmed to form a clear opening size of at least 1450mm x 950mm in preparation for the future addition of a through-the-floor lift.
h. sub-paragraph h to be deleted.
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