BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1350
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: lara
VERSION: 4/21/14
Analysis by: Mark Stivers FISCAL: yes
Hearing date: April 29, 2014
SUBJECT:
Baby changing stations
DESCRIPTION:
This bill directs the Building Standards Commission, as part of
the next building code adoption cycle, to require that, if a
baby changing station is installed in a new or newly renovated
restroom in a place of public accommodation, the station be
equally available regardless of gender.
ANALYSIS:
The California Building Standards Law establishes the Building
Standards Commission (BSC) and the process for adopting state
building codes. Under this process, relevant state agencies
propose amendments to model building codes, which the BSC must
then adopt, modify, or reject. For example, the Department of
Housing and Community Development (HCD) is the relevant state
agency for residential building codes. The Office of Statewide
Health Planning and Development is responsible for hospitals and
clinics, and the Division of the State Architect is the relevant
agency for schools and emergency service buildings. Not all
buildings fall under the jurisdiction of a relevant state
agency. Most commercial, industrial, and manufacturing
structures are considered "local buildings," for which local
governments may determine applicable building standards. With
respect to green building standards, however, current law gives
BSC the authority to adopt building standards for these local
buildings.
Every three years, the BSC adopts a new version of the
California Building Code (CBC), known as the triennial update.
State agencies begin with a model code developed by a national
code-writing entity. They then propose amendments to the model
codes to reflect California needs and priorities and submit to
the BSC the amended model codes. The BSC must then adopt,
SB 1350 (LARA) Page 2
modify, or reject the proposed building standards.
This bill directs the BSC, as part of the next building code
adoption cycle, to require that, if a baby changing station is
installed in a new or newly renovated restroom in a place of
public accommodation, the station be equally available
regardless of gender. The bill further defines renovation as
work that exceeds $10,000 to the restroom and clarifies that the
bill provides an exemption if the installation cannot comply
with existing disabled access, fire, health, or safety
standards. Lastly, the bill provides that the BSC may expend
funds from the Building Standards Administration Special
Revolving Fund for this purpose.
COMMENTS:
1.Purpose of the bill . According to the author, men are
becoming more and more involved in the care of their young
children. Many public restrooms that provide a baby changing
station, however, only install one in the women's restroom.
Unless there is also a "family" restroom that is accessible to
both men and women, this leaves men with young children with
very limited options for changing diapers. This bill will
promote gender equity and ensure that public facilities for
changing babies' diapers are equally available to both men and
women.
2.An elective standard . The type of building standard required
by this bill is known as an elective standard. A building
owner will not be required to install baby changing stations
at all. If he or she chooses to install a station in one
single-sex restroom, however, he or she will be required to
install a second station in the restroom of the opposite sex.
3.Prospective only . The building standards BSC will adopt under
this bill will only apply to newly constructed buildings and
to newly remodeled bathrooms. The bill does not require any
retrofitting of existing bathrooms. In other words, if a
building currently has a baby changing station in a women's
restroom, the owner is not required to install one in the
men's restroom until such time as the bathrooms are renovated.
SB 1350 (LARA) Page 3
4.Technical amendments .
On page 2, line 6 strike "The" and insert "As part of
the next triennial update of the California Building
Standards Code (Title 24 of the California Code of
Regulations) adopted after January 1, 2015, the"
On page 2, lines 9-10 strike "in the next regularly
scheduled intervening code cycle after January 1, 2017"
RELATED LEGISLATION:
SB 1358 (Wolk) requires restaurants and specified buildings open
to the public to install baby changing stations in existing and
new restrooms. The bill also requires the state and local
governments to install baby changing stations in newly
constructed and renovated buildings with restrooms open to the
public. This committee will also hear this bill today.
POSITIONS: (Communicated to the committee before noon on
Wednesday, April 23,
2014.)
SUPPORT: Equality California
OPPOSED: None received.