BILL NUMBER: SB 1242 CHAPTERED 09/30/00 CHAPTER 989 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2000 APPROVED BY GOVERNOR SEPTEMBER 29, 2000 PASSED THE SENATE AUGUST 28, 2000 PASSED THE ASSEMBLY AUGUST 24, 2000 AMENDED IN ASSEMBLY AUGUST 11, 2000 AMENDED IN ASSEMBLY JUNE 27, 2000 AMENDED IN ASSEMBLY JUNE 14, 2000 AMENDED IN ASSEMBLY JUNE 6, 2000 AMENDED IN ASSEMBLY JULY 7, 1999 AMENDED IN SENATE APRIL 13, 1999 INTRODUCED BY Senator Ortiz (Coauthors: Assembly Members Aroner and Thomson) FEBRUARY 26, 1999 An act to amend Sections 4451 and 4454 of, and to add Section 4459 to, the Government Code, relating to building standards, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1242, Ortiz. Building standards: tactile signage. (1) Existing law requires that buildings, structures, and facilities, occupied 50% or more, that are leased, rented, contracted, sublet, or hired for periods exceeding 2 years by any municipal, county, or state division of government or special district be made accessible to and usable by persons with disabilities. This bill would require that buildings, structures, and facilities that are leased, rented, contracted, sublet, or hired by any municipal, county, or state division of government or any special district be made accessible to, and usable by, persons with disabilities, thereby requiring a higher level of service from local governments and imposing a state-mandated local program. (2) Existing law provides that where state funds are utilized for a public building or facility or local funds are utilized for a school or community college building or facility, no contract may be awarded until the Department of General Services has issued written approval stating that the plans and specifications comply with the intent of provisions governing access to public buildings by physically handicapped persons. Existing law requires that filing fees for the application for approval be deposited into the Access for Handicapped Account, which is continuously appropriated for use by the Department of General Services without regard to fiscal years. This bill would rename the account as the Disability Access Account, would require the Department of General Services to develop regulations that ensure that braille, tactile, or visual signage for elevators, rooms, spaces, functions, and directional information is installed, and would authorize the department to use the account for the purposes set forth in existing law. This bill would expand the purposes for which the account may be used to include amending building regulations, as specified, to ensure that the scope and application of accessibility requirements comply with specified state and federal standards, and would thereby make an appropriation. The bill would also provide that expenditures from the account for these purposes shall terminate on December 31, 2004. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature hereby finds and declares all of the following: (a) Under the California State Accessibility Standards, in the California Building Standards Code, detailed specifications have existed for tactile signage since 1982. (b) These specifications were revised and went into effect April 1, 1994, to comply with the federal Americans with Disabilities Act (ADA) accessibility guidelines, and some of these specifications are more stringent than those contained in the ADA guidelines. Enforcement authorities should ensure that raised lettering and braille dots are properly spaced and sized to conform with the requirements of the California Building Standards Code. (c) A vast majority of buildings fail to complete installation of braille tactile signage since they are often regarded as cosmetic features. Noncompliance with the California Building Standards Code results in sporadic and unpredictable use of braille tactile signage that renders the signage inconsistent and possibly unusable to blind and visually impaired consumers. SEC. 2. Section 4451 of the Government Code is amended to read: 4451. (a) Except as otherwise provided in this section, this chapter shall be limited in its application to all buildings and facilities stated in Section 4450 intended for use by the public, with any reasonable availability to, or usage by, persons with disabilities, including all facilities used for education and instruction, including the University of California, the California State University, and the various community college districts, that are constructed in whole or in part by the use of state, county, or municipal funds, or the funds of any political subdivision of the state. (b) When required by federal or state law, buildings, structures, and facilities, or portions thereof, that are leased, rented, contracted, sublet, or hired by any municipal, county, or state division of government, or special district shall be made accessible to, and usable by, persons with disabilities. (c) Except as otherwise provided by law, buildings, structures, sidewalks, curbs, and related facilities subject to the provisions of this chapter or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code shall conform to the building standards published in the California Building Standards Code relating to access for persons with disabilities and the other regulations adopted pursuant to Section 4450 that are in effect on the date of an application for a building permit. With respect to buildings, structures, sidewalks, curbs, and related facilities not requiring a building permit, building standards published in the California Building Standards Code relating to access for persons with disabilities and other regulations adopted pursuant to Section 4450, and in effect at the time construction is commenced shall be applicable. (d) Until building standards are published in the California Building Standards Code and other regulations are developed by the State Architect and adopted by the California Building Standards Commission pursuant to Section 4450, buildings, structures, sidewalks, curbs, and related facilities subject to the provisions of this chapter or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code shall meet or exceed the requirements of Title III of Subpart D of the federal Americans with Disabilities Act of 1990. (e) This chapter shall apply to temporary or emergency construction as well as permanent buildings. (f) Administrative authorities, as designated under Section 4453, may grant exceptions from the literal requirements of the building standards published in the California Building Standards Code relating to access for persons with disabilities, or the other regulations adopted pursuant to this section, or permit the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and protection that meets or exceeds the requirements under federal law are thereby secured. (g) The Department of General Services shall develop, as appropriate, regulations to ensure that braille, tactile, or visual signage for elevators, rooms, spaces, functions, and directional information is installed as required by Section 4450 and shall develop and implement an effective training program to ensure compliance with all disability access requirements. SEC. 3. Section 4454 of the Government Code is amended to read: 4454. Where state funds are utilized for any building or facility subject to this chapter, or where funds of counties, municipalities, or other political subdivisions are utilized for the construction of elementary school, secondary school, or community college buildings and facilities subject to this chapter, no contract shall be awarded until the Department of General Services has issued written approval stating that the plans and specifications comply with the intent of this chapter. In each case the application for approval shall be accompanied by the plans and full, complete, and accurate specifications, which shall comply in every respect with any and all requirements prescribed by the Department of General Services. The application shall be accompanied by a filing fee in amounts as determined by the Department of General Services. All fees shall be deposited into the Access for Handicapped Account, which account is hereby renamed the Disability Access Account as of July 1, 2001, and established in the General Fund. Notwithstanding Section 13340, the account is continuously appropriated for expenditures for the use of the Department of General Services, in carrying out the department's responsibilities under this chapter. However, the expenditure of funds from the Disability Access Account for responsibilities prescribed in Section 4459 shall terminate on December 31, 2004. The Department of General Services shall consult with the Department of Rehabilitation in identifying the requirements necessary to comply with this chapter. The Department of General Services, Division of the State Architect, shall include the cost of carrying out the responsibilities identified in this chapter as part of the plan review costs in determining fees. SEC. 4. Section 4459 is added to the Government Code, to read: 4459. (a) The State Architect shall develop amendments for building regulations and submit them to the California Building Standards Commission for adoption to ensure that no accessibility requirements of the California Building Standards Code shall be enhanced or diminished except as necessary for (1) retaining existing state regulations that provide greater accessibility and features, or (2) meeting federal minimum accessibility standards of the federal Americans with Disabilities Act of 1990 as adopted by the United States Department of Justice, the Uniform Federal Accessibility Standards, and the federal Architectural Barriers Act. (b) The Department of General Services shall use fees deposited in the Disability Access Account established in Section 4454 for the purposes identified in this chapter. The department shall include the cost of carrying out the responsibilities identified in this chapter as part of the plan review costs in determining fees. (c) Notwithstanding any other provision of law, the application and scope of accessibility regulations in the California Building Standards Code shall not be less than the application and scope of accessibility requirements of the federal Americans with Disabilities Act of 1990 as adopted by the United States Department of Justice, the Uniform Federal Accessibility Standards, and the federal Architectural Barriers Act. SEC. 5. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.