BILL ANALYSIS Ó
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Date of Hearing: April 21, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 662
(Bonilla) - As Amended April 14, 2015
SUBJECT: Public accommodation: disabled adults: changing
facilities.
SUMMARY: Requires a commercial place of public amusement that
is required to provide over 13 water closets, to meet public
health and safety requirements to install and maintain at least
one adult changing station, for persons with disabilities,
accessible to men and women, to assist in the changing of
diapers.
EXISTING LAW:
1)Requires that public facilities have a particular number of
water closets based on total occupancy using a formula listed
in the Plumbing Code based on the number of male and female
occupants. (Title 24, California Code of Regulations (CCR)
Section 422.1)
2)Specifies that theaters, concert halls, and auditoriums with
fixed seating and sporting facilities with spectator seating
and amusement parks, grandstands, and stadiums, are required
to have three (3) water closets for male occupants up to 400
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and eight (8) water closets for female occupants up to 400 and
also requires one additional toilet for every 500 men and for
every 125 women beyond 400. (24 CCR Section 422.1)
THIS BILL:
1)Requires a commercial place of public amusement that is
required to provide more than 13 water closets, based on its
total occupancy, to install and maintain an adult changing
station accessible to both men and women when the facility is
open to the public.
2)Requires each station to include signage at or near the
entrance to the station indicating the location of the adult
changing station and requires a central directory, if the
facility has one, to indicate the location of the adult
changing station.
3)Applies to new construction on or after January 1, 2020, and
to all renovations of bathrooms on or after January 1, 2029,
if a permit has been obtained or the estimated cost of the
renovation is ten thousand dollars ($10,000) or more.
4)Defines a "commercial place of amusement" to include an
auditorium, convention center, cultural complex, exhibition
hall, permanent amusement park, sports arena, or theater or
movie house.
5)Defines an "adult changing station" to mean an adult changing
table placed within an enclosed restroom facility.
6)Defines a "physical disability" to mean a mental or physical
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disability, as specified.
7)Requires that any party out of compliance, as specified, be
afforded a reasonable time to cure the deficiency prior to a
court imposing a sanction.
8)Makes other non-substantive changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the
Legislative Counsel.
COMMENTS:
1)Purpose. This bill is sponsored by Futures Explored, Inc .
According to the author, "By expanding public restroom
accommodations in large occupancy buildings such as
auditoriums, convention centers, exhibition halls, sports
arenas, and theaters we are ensuring that individuals with
physical disabilities and their families are given the dignity
and basic human right to maintain their health."
2)Background. The idea for this bill originated from Alisa
Rosillo, a Concord resident and mother of two teenage
wheelchair-bound boys. Because her young adults require
diaper changing, she is forced to limit her excursions to less
than four hours or be forced to change them on the floor. The
ADA does not require this type of facility, but it is
estimated that over 53,000 disabled persons could benefit from
adult diaper changing facilities. This bill aims to improve
access for adults with physical disabilities that need an
adequate facility to assist with the changing of diapers. As
the number of persons with disabilities continues to grow, the
need for access to adult changing stations will be more
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apparent. Persons with disabilities are engaging in more
activities as they integrate into social activities like
attending sporting events and concerts. In order for them to
attend these functions, proper restroom accommodations are
necessary for their health and safety.
Currently, special education departments in California school
districts provide for restroom accommodations including a
changing table and a lift so students with disabilities can
comfortably and safely attend to their needs. When examining
the public sector, Disneyland and the Disney California
Adventure Park offer adult diaper changing facilities that are
reportedly used dozens of times daily without incident. It is
unclear how many facilities would be impacted by this bill,
however, the delay in implementation is designed to provide
ample time for compliance with this requirement.
Rehabmart, a retailer of durable medical goods, has an
assortment of adult changing tables that range in price from
$1,800 to $5000.
Policies in the United Kingdom. The United Kingdom is on the
forefront of providing widespread access to adult changing
facilities that include an adjustable adult changing table and
a hoist. Presently, 744 adult changing stations have been
installed that serve a potential population of over 250,000
disabled persons.
Other States. In May 2014, similar legislation was introduced
in Ohio as SB 343 (Beagle, Jones, Schiavoni), but did not pass
out of committee. It mandated that a building used for
assembly purposes have at least one adult changing station and
set particular standards for weight, dimensions, and a
requirement that the table be wall-mounted.
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California Building Standards Commission. Established in 1953
by the California Building Standards Law, the California
Building Standards Commission (BSC) is a commission within the
Department of General Services under the Government Operations
Agency. California is a leader in the regulation of its
building industry, particularly in the areas of handicap
accessibility and energy conservation. However, the current
regulatory process is much more complex than in past years.
Controversial and complex building standards and new emerging
model codes and national standards present a challenge to the
BSC in determining if such codes and standards are in the
public interest. If the BSC were to approve and publish
standards that were not in the public interest, it would cause
confusion, create problems, and place an unreasonable burden
on the public and the building industry. As a result, the BSC
undertakes a comprehensive rule-making process followed by an
Administrative Procedure Act process before incorporating new
requirements or amendments to the California Building
Standards Code (Building Code). The process is initiated when
Legislature grants authority to State Agency to propose a new
building standard. The BSC uses specialized committees,
public comments, public hearings, and expert input before
reaching a decision about a proposed change to the Building
Code. While there is no specified timeframe for this process,
it typically takes approximately eighteen months for a new
proposal to be added to the Building Code.
3)Prior Related Legislation. SB 1350 (Lara) of 2014, would have
directed the BSC, as part of the next triennial update of the
California Building Standards Code adopted after January 1,
2015, to require that, if a baby changing station is installed
in a new or newly renovated restroom in a place of public
accommodation, the station be equally available regardless of
gender. NOTE: This bill was vetoed by Governor Brown. In his
veto message he indicated that the bill was unnecessary and
could be adequately handled by the private sector.
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SB 1358 (Wolk and Lara) of 2014, would have required buildings
owned, or partially owned by state or local governments, as
well as other private buildings open to the public, as
specified, to maintain at least one safe, sanitary, and
convenient baby diaper changing station that is accessible to
both women and men. NOTE: This bill was vetoed by Governor
Brown. In his veto statement he indicated that the bill was
unnecessary regulation that could be adequately handled by the
private sector.
ARGUMENTS IN SUPPORT:
Futures Explored, Inc. (sponsor), California Disability Services
Association , , California Association of Public Authorities ,
Californians for Disability Rights, Inc. , Disability Rights
California , The East Bay Developmental Disabilities Legislative
Coalition , and Alameda County Developmental Disabilities
Planning and Advisory Council all write letters in support of
this bill, and state in their letters, "The inclusion of people
with disabilities in our community and their participation in
activities such as sporting events, concerts, and other forms of
entertainment enhances their quality of life. However,
participation in these activities may require adequate restroom
accommodations."
The Arc and United Cerebral Palsy California Collaboration
writes in support and states, "California has a disturbing lack
of restroom facilities that are accessible to people with
pyshical [sic] disabilities. [This] bill is a reasonable but
very significant step toward accommodating these Californians."
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ARGUMENTS IN OPPOSITION:
California Chamber of Commerce , Borna California , California
Building Industry Association , The California Business
Properties Association , The California Restaurant Association ,
International Council of Shopping Centers , National Association
of Industrial and Office Properties , National Federation of
Independent Businesses all write a letter in opposition to this
bill, and state in their letter, "Among other concerns, this
measure would place building code in statute as opposed to
directing one or more state agencies to investigate the issue
and if deemed appropriate, direct those state agencies to
propose and adopt appropriate changes to the California Building
Standards Code." As an example, they state "the Division of the
State Architect (DSA) should be directed to investigate the need
for such a change in California's Disability Accessibility
Building Standards. This could be done via California's
existing administrative process and DSA could convene a group of
stakeholders to provide appropriate input and comment." The
opposition is also concerned that the DSA explore the scope of
the provisions to include "health and safety issues for not only
the disabled individual but the attendant(s) as well." Lastly,
the opposition suggests that the "DSA could explore the obvious
issues of liability and determine if it is possible to comply
with this well intended measure without placing an unacceptable
level of legal responsibility on building owners and operators."
California Travel Association writes a letter in opposition, and
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state that "we feel these issues are better addressed in the
regulatory arena (Building Standards Code). We are also
concerned with any potential litigation that may result from
these adult changing stations."
AMENDMENT:
In order to ensure the proper regulatory entity has the
opportunity to adopt and modify regulations for adult changing
stations, the author may wish to make the following amendments
to the bill:
On page two, strike lines 3-29 inclusive and add the following:
19952.5 (a) By January 1, 2020, the Department of State
Architects, the California Building Standards Commission, or
the appropriate state regulatory entity shall adopt
regulations requiring a commercial place of public amusement
to 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.
(b) The regulations adopted pursuant to this section shall,
subject to issues discovered during the rulemaking process,
contain the following:
(1) An installation and maintenance requirement for:
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(A) A new construction occurring on or after January 1, 2020,
and
(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 shall indicate the location of the adult
changing station.
(4) A provision defining "commercial place of public amusement"
as an auditorium, convention center, cultural complex,
exhibition hall, permanent amusement park structure, sports
arena, or theater or movie house that has a minimum occupancy
of 1000 people.
(5) A provision defining "adult changing station" or "station"
as an adult changing table placed within an enclosed restroom
facility that is for use by persons with physical disabilities
who need help with diapering.
(6) A provision defining "physical disability" as a mental or
physical disability, as described in Section 12926 of the
Government Code.
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(c) Notwithstanding subsection (b), the appropriate regulatory
entity shall have the authority to adopt or modify regulations
pursuant to this section to conform to existing laws,
regulations, and ordinances.
REGISTERED SUPPORT:
Futures Explored, Inc. (sponsor)
California Disability Services Association
The Arc and United Cerebral Palsy California Collaboration
California Association of Public Authorities
Californians for Disability Rights, Inc.
The East Bay Developmental Disabilities Legislative Coalition
Disability Rights California
Alameda County Developmental Disabilities Planning and Advisory
Council
REGISTERED OPPOSITION:
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California Chamber of Commerce
Borna California
California Building Industry Association
The California Business Properties Association
The California Restaurant Association
International Council of Shopping Centers
National Association of Industrial and Office Properties
National Federation of Independent Businesses
California Travel Association
Analysis Prepared by:Vincent Chee / B. & P. / (916) 319-3301,
Christian Jagusch / B. & P. / (916) 319-3301
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