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Newfoundland and Labrador
Regulation 2018


NEWFOUNDLAND AND LABRADOR REGULATION 23/18

NEWFOUNDLAND AND LABRADOR
REGULATION 23/18

Building Accessibility Regulations (Amendment)
under the
Building Accessibility Act
(O.C. 2018-058)

(Filed March 23, 2018)

Under the authority of section 30 of the Building Accessibility Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, March 23, 2018.

Ann Marie Hann
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.3 R&S

              Codes and standards

        2.   S.4 Amdt.
Building requirements

        3.   S.8 R&S

              Parking

        4.   S.11 Amdt.
Non-application

        5.   S.20.1 Added
Transitional

        6.   Sch. Amdt.

        7.   Commencement


CNLR 1140/96
as amended

        1. Section 3 of the Building Accessibility Regulations is repealed and the following substituted:

Codes and standards

        3. (1) The following codes and standards and all revisions and amendments to those codes and standards are adopted except as modified and amended in the Schedule:

             (a)  N.R.C.C. National Building Code of Canada; and

             (b)  Canadian Standards Association Can/CSA-B651 Barrier-Free Design.

             (2)  Where there is a conflict between the N.R.C.C. National Building Code of Canada and the Canadian Standards Association Can/CSA-B651 Barrier-Free Design, the N.R.C.C. National Building Code of Canada shall prevail.

 

        2. (1) Subsection 4(2) of the regulations is repealed and the following substituted:

             (2)  An apartment type building that contains more than 4 residential units shall

             (a)  from an entrance that is ordinarily used by the public and occupants and capable of accommodating persons with disabilities, provide an acceptable means of making accessible to persons with disabilities all floors to which the public and occupants have lawful access;

             (b)  in respect of floors that are required to be accessible to persons with disabilities, have those floors at the same level throughout or have any levels of those floors connected by a ramp; and

             (c)  have at least one accessible residential unit, but not less than one accessible residential unit in every 10 residential units.

             (2)  Subsection 4(3) of the regulations is repealed.

 

        3. Section 8 of the regulations is repealed and the following substituted:

Parking

        8. (1) In a parking area provided for a building there shall be at least one accessible parking space or 6% of the total number of parking spaces, whichever is greater, designed and designated for use by persons with disabilities.

             (2)  In each parking area at least one in every 6 accessible parking spaces shall be a van-sized accessible parking space.

             (3)  Where a parking area only has one accessible parking space it shall be a van-sized accessible parking space.

 

        4. Paragraph 11(f) of the regulations is repealed and the following substituted:

             (f)  raised or lowered portions of floor areas within a single area of use provided that the inaccessible area is minor in proportion to the area and provided the function or service available in the inaccessible portion is equally available in the adjacent accessible area.

 

        5. The regulations are amended by adding immediately after section 20 the following:

Transitional

   20.1 Subsection 4(2) and paragraph 11(f) of these regulations and section 6, subsections 18(5), (6) and (11), paragraph 19(1)(b), subsection 22(4) and paragraphs 27(a) and (f) of the Schedule to these regulations do not apply to an existing building or a building constructed before April 23, 2018 unless the building undergoes a building addition or reconstruction.

 

        6. (1) Subsection 3(1) of the Schedule is repealed and the following substituted:

Entrances

        3. (1) Except as required in subsection (2), every building shall have at least one entrance intended for general use by the public, occupants or employees employed in the building designed in conformance with and opening to the outdoors at sidewalk level or to a ramp leading to a sidewalk.

             (2)  Section 6 of the Schedule is repealed and the following substituted:

Posts or turnstiles

        6. (1) Posts shall not restrict the barrier-free path of travel to less than 810 millimetres into or throughout a building unless an alternative means of access is provided adjacent to and is plainly visible from the restricted access.

             (2)  Where a turnstile is used, it shall have an adjacent gate with a clear width of at least 810 millimetres.

             (3)  Section 14 of the Schedule is repealed and the following substituted:

Parking spaces

      14. (1) Parking spaces designated for persons with disabilities

             (a)  that service a specific building shall be located on the shortest possible accessible route to the principal entrances of the building;

             (b)  in separate parking structures or lots that do not serve a particular building shall be located on the shortest possible circulation route to an accessible pedestrian entrance of the parking facility;

             (c)  may have 2 accessible parking spaces sharing a common aisle and colour; and

             (d)  shall have the access aisle marked as a “no parking” area and meet the criteria for an exterior path of travel.

             (2)  A car-sized accessible parking space shall

             (a)  be at least 2400 millimetres wide; and

             (b)  have an adjacent access aisle that is at least 1500 millimetres wide adjacent and parallel to the parking space.

             (3)  A van-sized accessible parking space shall

             (a)  be at least 2600 millimetres wide;

             (b)  have an adjacent side access aisle at least 2000 millimetres wide; and

             (c)  have an adjacent rear access aisle at least 2000 millimetres long.

             (4)  Paragraph 15(3)(c) of the Schedule is repealed and the following substituted:

             (c)  painted white on a blue background with a white border around the symbol.

             (5)  Subsection 15(4) of the Schedule is repealed and the following substituted:

             (4)  Designated parking access aisles shall have diagonal markings that resist fading or removal.

             (6)  Subsections 18(5) and (6) of the Schedule is repealed and the following substituted:

             (5)  Every door that provides a barrier-free path of travel through an entrance described in section 3 of this Schedule, including the interior doors of a vestibule where provided, shall be equipped with a power door operator that allows persons to activate the opening of the door from either side in

             (a)  hotels;            

             (b)  apartment-type buildings;

             (c)  buildings of Group B Division, Division 2 major occupancy; and

             (d)  buildings of Group A, D or E major occupancy.

             (6)  Every accessible public washroom door shall be equipped with a power door operator that allows persons to activate the opening of the door from either side.

             (7)  Subsection 18(11) of the Schedule is repealed and the following substituted:

          (11)  The distance between 2 swinging doors in series shall be at least 1200 millimetres plus the width of any door swinging into the space.

             (8)  Paragraph 19(1)(b) of the Schedule is repealed and the following substituted:

             (b)  have a gradient of not more than one in 16;

             (9)  Subsection 22(4) of the Schedule is repealed and the following substituted:

             (4)  Handrails on stairs and ramps shall be not less than 860 millimetres and not more than 920 millimetres high measured vertically from a line drawing through the outside edges of the stair nosing or from the surface of the ramp, except that handrails not meeting these requirements are permitted providing they are installed in addition to the required handrail.

          (10)  Paragraph 27(a) of the Schedule is repealed and the following substituted:

             (a)  be not less than 1600 millimetres wide by 1500 millimetres deep;

          (11)  Paragraph 27(f) of the Schedule is repealed and the following substituted:

             (f)  have

                      (i)  a clearance of not less than 1700 millimetres between the outside of the stall face and face of an in-swinging washroom door, and

                     (ii)  a clear floor area of at least 1500 millimetres by 1500 millimetres in front of the stall.

          (12)  Paragraph 32(1)(e) of the Schedule is repealed and the following substituted:

             (e)  be equipped with a horizontal grab bar which shall

                      (i)  be not less than 750 millimetres long,

                     (ii)  be mounted between 750 millimetres to 850 millimetres above the shower floor,

                    (iii)  be located on the wall opposite the entrance to the shower,

                    (iv)  be not less than 30 millimetres and not more than 40 millimetres in diameter,

                     (v)  have a clearance of not more than 35 millimetres and not more than 45 millimetres from the wall, and

                    (vi)  be installed to resist a load of not less than 1.4kN applied vertically or horizontally;

          (e.1)  be equipped with a vertical grab bar which shall

                      (i)  be not less than 1000 millimetres long,

                     (ii)  be mounted starting 80 millimetres to 120 millimetres from the adjacent clear floor area between 600 to 650 millimetres above the shower floor,

                    (iii)  be located on the same wall as the controls for the shower,

                    (iv)  be not less than 30 millimetres and not more than 40 millimetres in diameter,

                     (v)  have a clearance of not more than 35 millimetres and not more than 45 millimetres from the wall, and

                    (vi)  be installed to resist a load of not less than 1.4kN applied vertically or horizontally;

          (13)  Subsection 33(1) of the Schedule is repealed and the following substituted:

Counters

      33. (1) All counters serving the public shall have at least one barrier-free section in conformance with subsections (2) and (3) and where a counter has more than one service area each service area shall have a barrier-free section in conformance with subsections (2) and (3).

Commencement

        7. Section 3 and subsections 6(3), 6(4), 6(5) and 6(12) come into force April 23, 2018.