Amended in Senate July 7, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 28, 2015

Amended in Assembly April 14, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 662

Introduced by Assembly Member Bonilla

February 24, 2015

An act 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 begin delete 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 end delete begin insert would require end insert a commercial place of public amusement, as defined, begin delete that is constructed on or after January 1, 2020, or that renovates a bathroom on or after January 1, 2029, end delete to install and maintain at least one adult changing station, as defined, begin insert by January 1, 2020, end insert for a person with a physical disability, as specified. begin insert The bill would extend the compliance period to January 1, 2025, for renovation projects that require permits or have estimated costs of $10,000 or more. The bill would require a facility to ensure that the entrance to each adult changing station has conspicuous signage indicating its location, and, if the facility has a central directory, ensure that the central directory indicates the location of the adult changing station. end insert

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

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

SECTION 1.  

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

19952.5.  

(a)  begin delete By end delete begin insert Except as provided in subdivision (b), by end insert begin insert end insert
January 1, 2020, begin delete the Division of the State Architect, the California
Building Standards Commission, or other appropriate state
regulatory entity shall adopt regulations requiring end delete begin insert a end insert begin insert person, private
firm, organization, or corporation end insert begin insert that owns or manages end insert a
commercial place of begin insert public end insert amusement begin delete to end delete begin insert shall end insert install and maintain
at least one adult changing station for persons with a physical
disability that is accessible to both men and women when the
facility is open to the public.

begin delete

(b) The regulations adopted pursuant to this section shall contain
the following:

(1) An installation and maintenance requirement for both of the
following:

(A) A new construction occurring on or after January 1, 2020.

(B) A renovation of a restroom occurring on or after January 1,
2029, if the renovation requires a permit or if the estimated cost
of the renovation is ten thousand dollars ($10,000) or more.

(2) A requirement that the entrance to each station has
conspicuous signage indicating the location of the station.

(3) A requirement that, if there is a central directory, the central
directory indicate the location of the adult changing station.

(c) The Division of the State Architect, the California Building
Standards Commission, or other appropriate state regulatory entity
may modify the regulations adopted pursuant to this section to
conform to existing laws, regulations, and ordinances.

end delete begin insert

(b) If the renovation of an existing facility requires a permit or
if the estimated cost of the renovation is ten thousand dollars
($10,000) or more, the facility must comply with this section by
January 1, 2025.

end insert begin insert

(c) A facility shall ensure that the entrance to each adult
changing station has conspicuous signage indicating the location
of the station, and, if the facility has a central directory, shall
ensure that the central directory indicates the location of the adult
changing station.

end insert

(d) For purposes of this section, all of the following definitions
shall apply:

(1) “Commercial place of public amusement” means an
auditorium, convention center, cultural complex, exhibition hall,
permanent amusement park structure, sports arena, or theater or
movie house begin delete that has a minimum occupancy of end delete begin insert for which the
maximum occupancy is end insert begin insert determined to be end insert 1,000 begin insert or more end insert people.
“Commercial place of public amusement” does not include any
public higher education facility.

(2) “Adult changing station” means an adult changing table
placed within an enclosed restroom facility that is for use by
persons with physical disabilities who need help with diapering.

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