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, by January 1, 2020, require the Division of the State Architect, the California
Building Standards Commission, or other appropriate state regulatory entity to adopt regulations requiring a commercial place of public amusement, as defined, 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.begin delete The bill would also make conforming changes.end delete
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) By January 1, 2020, the Division of the State
4Architect, the California Building Standards Commission, or other
5appropriate state regulatory entity shall adopt regulations requiring
6a commercial place of amusement to install and maintain at least
7one adult changing station for persons with a physical disability
8that is accessible to both men and women when the facility is open
9to the public.
10(b) The regulations adopted pursuant to this section shall contain
11the following:
12(1) An installation and maintenance requirement for both of the
13following:
14(A) A new construction occurring on or after January 1, 2020.
15(B) A renovation of a restroom occurring on or after January 1,
162029, if the renovation requires a permit or if the estimated cost
17of the renovation is ten thousand dollars ($10,000) or more.
18(2) A requirement that the entrance to each station has
19conspicuous signage indicating the location of the station.
20(3) A requirement that, if there is a central directory, the central
21directory indicate the location of the adult changing station.
22(c) The Division of the State Architect, the California Building
23Standards Commission, or other appropriate state regulatory entity
24may modify the regulations adopted
pursuant to this section to
25conform to existing laws, regulations, and ordinances.
26(d) For purposes of this section, all of the following definitions
27shall apply:
28(1) “Commercial place of public amusement” means an
29auditorium, convention center, cultural complex, exhibition hall,
30permanent amusement park structure, sports arena, or theater or
31movie house that has a minimum occupancy of 1,000 people.
P3 1begin insert “Commercial place of public amusement” does not include any
2public higher education facility.end insert
3(2) “Adult changing station” means an adult changing table
4placed within an enclosed restroom facility that is for use by
5persons with physical
disabilities who need help with diapering.
6(3) “Physical disability” means a mental or physical disability,
7as described in Section 12926 of the Government Code.
Section 19954.5 of the Health and Safety Code is
9amended to read:
If a violation of Section 19952, 19952.5, 19953, or
1119954 is alleged or the application or construction of any of these
12sections is in issue in any proceeding in the Supreme Court of
13California, a state court of appeal, or the appellate division of a
14superior court, each party shall serve a copy of the party’s brief or
15petition and brief, on the State Solicitor General at the Office of
16the Attorney General. A brief may not be accepted for filing unless
17the proof of service shows service on the State Solicitor General.
18Any party failing to comply with this requirement shall be given
19a reasonable opportunity to cure the failure before the court
20imposes any sanction and, in that instance, the court shall allow
21the Attorney
General reasonable additional time to file a brief in
22the matter.
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