Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 662


Introduced by Assembly Member Bonilla

February 24, 2015


An act to amend Section 19954.5 of, and to add Section 19952.5 to, the Health and Safety Code, relating to public accommodation.

LEGISLATIVE COUNSEL’S DIGEST

AB 662, as amended, Bonilla. Public accommodation: disabled adults: changing facilities.

The federal Americans with Disabilities Act of 1990 and the California Building Standards Code require that specified buildings, structures, and facilities be accessible to, and usable by, persons with disabilities. Existing law requires, among others, any person who owns or manages a place of public amusement and resort to provide seating or accommodations for physically disabled persons in a variety of locations within the facility, as specified. Existing law authorizes the district attorney, the city attorney, the Attorney General or, in certain instances, the Department of Rehabilitation acting through the Attorney General, to bring an action to enjoin a violation of prescribed requirements relating to access to buildings by disabled persons.

This bill would require a commercial place of public amusement thatbegin delete serves over 1,000 people on a daily basisend deletebegin insert is required by regulation to have more than 13 water closets installed that isend insert constructed on or after January 1,begin delete 2019,end deletebegin insert 2020,end insert or that renovates a bathroom on or after January 1, 2029, to install and maintain at least one adult changing station, as defined, for a person with a physical disability, as specified. The bill would also make conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 19952.5 is added to the Health and Safety
2Code
, to read:

3

19952.5.  

(a) (1) A commercial place of public amusement
4thatbegin delete serves over 1,000 people on a daily basisend deletebegin insert is required by
5regulation to have more than 13 water closets installed to meet
6public health and safety requirements,end insert
shall install and maintain
7at least one adult changing station for persons with a physical
8disability that is accessible to both men and womenbegin delete ifend deletebegin insert whenend insert the
9facility is open to the public. Each station shall include signage at
10or near the entrance to the station indicating the location of the
11adult changing station. If there is a central directory identifying,
12for the benefit of the public, the location of offices, restrooms, and
13other facilities in the building, that central directory shall indicate
14the location of the adult changing station.

15(2) begin deleteSubdivision (a) end deletebegin insertThis section end insertapplies to all new construction
16on or after January 1,begin delete 2019,end deletebegin insert 2020,end insert and to all renovations of
17bathrooms on or after January 1, 2029, if a permit has been
18obtained or the estimated cost of the renovation is ten thousand
19dollars ($10,000) or more.

20(b) For purposes of this section, the following shall apply:

21(1) “A commercial place of public amusement” includes an
22auditorium, convention center, cultural complex, exhibition hall,
23permanent amusement park structure, sports arena, or theater or
24movie house.

25(2) “Adult changing station” means an adult changing table
26placed within an enclosed restroombegin delete facility.end deletebegin insert facility that is for use
27by persons with physical disabilities who need help with diapering.end insert

28(3) “Physical disability” means a mental or physical disability,
29as described in Section 12926 of the Government Code.

30

SEC. 2.  

Section 19954.5 of the Health and Safety Code is
31amended to read:

32

19954.5.  

If a violation of Section 19952, 19952.5, 19953, or
3319954 is alleged or the application or construction of any of these
34sections is in issue in any proceeding in the Supreme Court of
35California, a state court of appeal, or the appellate division of a
P3    1superior court, each party shall serve a copy of the party’s brief or
2petition and brief, on the State Solicitor General at the Office of
3the Attorney General. A brief may not be accepted for filing unless
4the proof of service shows service on the State Solicitor General.
5Any party failing to comply with this requirement shall be given
6a reasonable opportunity to cure the failure before the court
7imposes any sanction and, in that instance, the court shall allow
8the Attorney General reasonable additional time to file a brief in
9the matter.



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