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Planning and Building Bye-laws: provision of disabled toilets/changing rooms (P.168/2009) – amendment.

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STATES OF JERSEY

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PLANNING AND BUILDING BYE-LAWS: PROVISION OF DISABLED TOILETS/CHANGING ROOMS (P.168/2009) – AMENDMENT

Lodged au Greffe on 24th November 2009 by the Minister for Planning and Environment

STATES GREFFE

2009   Price code: B  P.168 Amd.

PLANNING AND BUILDING BYE-LAWS: PROVISION OF DISABLED TOILETS/CHANGING ROOMS (P.168/2009) – AMENDMENT

PAGE 2 –

  1. Delete the word "commercial";
  2. For the words "or new" substitute the words "with a ground floor of at least 700 square metres and all new".

MINISTER FOR PLANNING AND ENVIRONMENT

REPORT

1.  The  proposition  is  seeking  to  require  a  changing  places'  facility  (which comprises a room of some 7m2 in floor area, which has a centrally placed

toilet  suitable  for  use  by  disabled  people,  a  height-adjustable  adult-sized changing  bench  and  a  tracking  hoist  system)  to  be  provided  in  all  large buildings which are newly erected or renovated. 2.  The proposals are primarily aimed at –

  1. public buildings (including public toilets) which are newly erected or renovated;
  2. large commercial buildings, examples of which are given as shopping centres, sports/arts venues, the Bus Station, Airport and Harbour.
  1. The Minister is supportive of the view that people, regardless of disability, age or gender, should be able to gain access to buildings and use the facilities provided in buildings, both as visitors and as people who live or work in them. To this end, the current building bye-laws are quite prescriptive with regard to the design of buildings to ensure that all new buildings, and those undergoing renovation, make reasonable provision for disabled persons.
  2. The Minister supports the principle of this proposition, subject to a definition on the type and size of buildings this would apply to.
  3. The floor area recommended for a changing places facility' is such that it could impose unreasonable demands in terms of lost' floor space if such a facility was to be required in all commercial buildings. For example, many shops have a relatively small floor area. The proposition calls for the facility to be installed in large buildings'. Whilst this is not defined, examples are given which include the Airport and Harbour, the Bus Station and new public toilets. It is agreed that the types of buildings given as examples would be best suited for the facility as they are generally of a suitable size and available for public use outside of normal working hours.
  4. Taking into account that the buildings where this type of facility would best be  located  already  exist,  and  that  the  bye-law  requirements  are  not retrospective, i.e. they do not apply to existing buildings, unless they are extended or altered, it is considered that amending the bye-laws would be most unlikely to achieve the aim of the proposition, of more of these facilities in the short term.
  5. It is, however, suggested that public buildings should be the focus, and this would place an onus on Property Holdings to add such a facility to all new major  publicly-owned  buildings  when  undergoing  refurbishment  or redevelopment.
  6. A definition of the scale of proposals to which this would apply will be needed. It is suggested that this should apply to major public developments with a ground floor of at least 700m2 and to new public toilets. This would avoid  unreasonable  demands  being  placed  on  smaller-scale  schemes,  and would mean that larger schemes are being asked to set aside 1% of their ground floor to provide such a facility.

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P.168/2009 Amd.

Financial and manpower implications

  1. There are financial implications in changing the building bye-laws. These will, however, be limited to officer time and legal officer time in preparing, consulting and agreeing new bye-laws, and in making revisions to printed versions. This will be met within existing resources.
  2. There  are  financial  implications  for  property-owners  if such  facilities  are required. There will be implications for States-owned properties for these facilities  in publicly-owned  buildings.  This  will  be  seen  in terms  of construction costs and loss of usable and marketable floor-space.