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 billbegin delete wouldend deletebegin insert
would, by January 1, 2020,end insert requirebegin insert the Division of the State Architect, the California Building Standards Commission, or other appropriate state regulatory entity to adopt regulations requiringend insert a commercial place of publicbegin delete amusement that is required by regulation to have more than 13 water closets installedend deletebegin insert amusement, as defined,end insert that is constructed on or after January 1, 2020, 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:
Section 19952.5 is added to the Health and Safety
2Code, to read:
(a) (1) A commercial place of public amusement
4that is required by regulation to have more than 13 water closets
5installed to meet public health and safety requirements, shall install
6and maintain at least one adult changing station for persons with
7a physical disability that is accessible to both men and women
8when the facility is open to
the public. Each station shall include
9signage at or near the entrance to the station indicating the location
10of the adult changing station. If there is a central directory
11identifying, for the benefit of the public, the location of offices,
12restrooms, and other facilities in the building, that central directory
13shall indicate the location of the adult changing station.
14(2) This section applies to all new construction on or after
15
January 1, 2020, and to all renovations of bathrooms on or after
16January 1, 2029, if a permit has been obtained or the estimated
17cost of the renovation is ten thousand dollars ($10,000) or more.
18(b) For purposes of this section, the following shall apply:
19(1) “A commercial place of public amusement” includes an
20auditorium, convention center, cultural complex, exhibition hall,
21permanent amusement park structure, sports arena, or theater or
22movie house.
23(2) “Adult changing station” means an adult changing table
24placed
within an enclosed restroom facility that is for use by
25persons with physical disabilities who need help with diapering.
26(3) “Physical disability” means a mental or physical disability,
27as described in Section 12926 of the Government Code.
begin insertSection 19952.5 is added to the end insertbegin insertHealth and Safety
29Codeend insertbegin insert, to read:end insert
(a) By January 1, 2020, the Division of the State
31Architect, the California Building Standards Commission, or other
P3 1appropriate state regulatory entity shall adopt regulations
2requiring a commercial place of amusement to install and maintain
3at least one adult changing station for persons with a physical
4disability that is accessible to both men and women when the
5facility is open to the public.
6(b) The regulations adopted pursuant to this section shall
7contain the following:
8(1) An installation and maintenance requirement for both of the
9following:
10(A) A new construction occurring on or after January 1, 2020.
11(B) A renovation of a restroom occurring on or after January
121, 2029, if the renovation requires a permit or if the
estimated cost
13of the renovation is ten thousand dollars ($10,000) or more.
14(2) A requirement that the entrance to each station has
15conspicuous signage indicating the location of the station.
16(3) A requirement that, if there is a central directory, the central
17directory indicate the location of the adult changing station.
18(c) The Division of the State Architect, the California Building
19Standards Commission, or other appropriate state regulatory
20entity may modify the regulations adopted pursuant to this section
21to conform to existing laws, regulations, and ordinances.
22(d) For purposes of this section, all of the following definitions
23shall apply:
24(1) “Commercial place of public amusement” means an
25auditorium, convention center, cultural complex, exhibition hall,
26permanent amusement park structure, sports arena, or theater or
27movie house that has a minimum occupancy of
1,000 people.
28(2) “Adult changing station” means an adult changing table
29placed within an enclosed restroom facility that is for use by
30persons with physical disabilities who need help with diapering.
31(3) “Physical disability” means a mental or physical disability,
32as described in Section 12926 of the Government Code.
Section 19954.5 of the Health and Safety Code is
34amended to read:
If a violation of Section 19952, 19952.5, 19953, or
3619954 is alleged or the application or construction of any of these
37sections is in issue in any proceeding in the Supreme Court of
38California, a state court of appeal, or the appellate division of a
39superior court, each party shall serve a copy of the party’s brief or
40petition and brief, on the State Solicitor General at the Office of
P4 1the Attorney General. A brief may not be accepted for filing unless
2the proof of service shows service on the State Solicitor General.
3Any party failing to comply with this requirement shall be given
4a reasonable opportunity to cure the failure before the court
5imposes any sanction and, in that instance, the court shall allow
6the Attorney
General reasonable additional time to file a brief in
7the matter.
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