BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 1358
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: wolk
VERSION: 4/21/14
Analysis by: Mark Stivers FISCAL: yes
Hearing date: April 29, 2014
SUBJECT:
Baby changing stations
DESCRIPTION:
This bill 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 government buildings with restrooms
open to the public.
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
SB 1358 (WOLK) Page 2
the BSC the amended model codes. The BSC must then adopt,
modify, or reject the proposed building standards.
Current law also requires permanent food facilities to provide
toilet facilities for consumers, guests, or invitees where there
is onsite consumption of foods or if the food facility has more
than 20,000 square feet of floor space and was constructed after
July 1, 1984. In addition, all permanent food facilities must
provide handwashing facilities. A violation of these provisions
is a misdemeanor.
Current law also requires all publicly and privately owned
facilities where the public congregates to be equipped with
sufficient temporary or permanent restrooms to meet the needs of
the public at peak hours.
This bill :
Requires all newly constructed or renovated state or local
government buildings to provide on each floor a public
restroom with a baby diaper changing station in both the men's
and women's restrooms or in a unisex restroom. The bill
further requires the owners of these public buildings to erect
signage indicating the location of the stations and to
maintain each station and clean it with the same frequency as
the restroom in which it is located.
Requires both new and existing permanent food facilities to
provide a baby changing table in both the men's and women's
restrooms or in a unisex restroom unless the addition of a
baby changing table would result in noncompliance with
disabled access laws, as determined by the local health
inspector. The bill allows health inspectors to cite
violations and provides that a first violation shall result in
a warning and that subsequent violations are an infraction
punishable by a fine of up to $250.
Requires a movie theater, sports arena, auditorium, cultural
complex, exhibition hall, library, passenger terminal,
permanent amusement park structure, restaurant with a seating
capacity of at least 50 seats, shopping center of more than
25,000 square feet, tourist attraction, or retail store of
more than 5,000 square feet to install and maintain a baby
changing station in both the men's and women's restrooms or in
a unisex restroom. The bill allows health inspectors to cite
violations and provides that a first violation shall result in
a warning and that subsequent violations are an infraction
punishable by a fine of up to $250.
SB 1358 (WOLK) Page 3
Applies the bill to charter cities as a matter of statewide
concern and encourages the University of California to comply.
COMMENTS:
1.Purpose of the bill . According to the author, parents who
change their babies' diapers while away from home often find
the availability of changing stations problematic. This
forces parents to change their babies' diapers on dirty
bathroom floors where they pick up germs. Some parents give
up and prefer to change their infants in their cars, an option
not possible for those who take public transit.
Accommodating families with small children is in the best
interest of the health and well-being of babies and parents.
With more families shopping or visiting public places with
their children, they need a safe, private, and clean place to
change their babies' diapers. A national market study found
that more parents deliberately sought out establishments that
have family-friendly accommodations. Therefore, requiring the
installation of baby changing stations in public restrooms is
also in the best interest of businesses.
2.Retrofit required for private buildings . This bill generally
requires restaurants and specified private buildings open to
the public to retrofit existing restrooms with baby changing
stations. Retrofitting existing facilities is often more
expensive than including amenities in new construction. For
example, a retrofit may require ripping out a portion of wall
to provide sufficient backing to support the weight of a baby
and a parent pushing down on the station. In recognition of
the costs, the bill does not apply this retrofit requirement
to publicly owned buildings.
In addition, it is unclear how practical or impractical the
requirement to retrofit restrooms in existing private
buildings may be. What if there simply isn't room in or near
the bathroom? The bill allows an exemption in cases where
installation of a station would result in non-compliance with
disabled access laws, but if older restrooms have never been
reconstructed, they are not subject to the access requirements
and therefore not eligible for any exemption. Moreover, some
types of food facilities, such as bars or nightclubs with
food, may not even admit children. The committee may wish to
weigh the benefits, costs, and practicalities of requiring the
retrofit of existing facilities.
SB 1358 (WOLK) Page 4
3.Health inspector making disabled access determinations . The
bill provides an exemption from the retrofit requirement for
existing buildings if installation of a baby changing station
would result in noncompliance with disabled access laws, as
determined by a local health inspector. While health
inspectors regularly visit restaurants and other public places
with food facilities, they know about food preparation rules
and cleanliness standards but are unlikely to have much
knowledge about disabled access requirements such as door
clearances, wheelchair turning radii, and grab bar heights.
These issues generally fall under the purview of building
inspectors. Building inspectors, however, probably will not
be involved in inspecting the installation of a baby changing
station, particularly if the owner is seeking an exemption to
not install one. The committee may wish to consider allowing
either a health inspector or building inspector to make this
determination.
RELATED LEGISLATION:
SB 1350 (Lara) 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
refurbished single-sex public restroom, that a second station be
installed in the restroom for the opposite sex. This committee
will also hear this bill today.
POSITIONS: (Communicated to the committee before noon on
Wednesday, April 23,
2014.)
SUPPORT: Association of California Commissions for Women
Equality California
Equal Rights Advocates
OPPOSED: None received.