Bill Text: CA SB1194 | 2021-2022 | Regular Session | Amended

California Senate Bill 1194 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Public restrooms: building standards.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State. Chapter 839, Statutes of 2022. [SB1194 Detail]

Download: California-2021-SB1194-Amended.html

Amended IN Senate April 19, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1194

Introduced by Senator Allen

February 17, 2022

An act to add Section 118507 to the Health and Safety Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

SB 1194, as amended, Allen. Public restrooms: building standards.

Existing law requires a public agency, as defined, that serves the public or is open to the public and maintains toilet facilities to make those facilities available to the public free of charge. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.

This bill would authorize a city, county, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction comply with specified requirements instead of complying with the plumbing standards set forth in the California Building Standards Code. This bill would set bathroom requirements, including, among others, that the occupancy load for each sex be determined by dividing the total occupancy 12 , that single-user toilets and bathing rooms, including family or assisted-use toilet rooms and bathing rooms, be identified for use by either sex, that separate facilities be provided for each sex where plumbing fixtures are required, and that separate facilities not be required in specified circumstances. would, except as specified, require public restroom facilities to be designed to serve all genders, as specified. The bill would give a city, county, or city and county discretion to exclude certain occupancies from the bill’s requirements.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 118507 is added to the Health and Safety Code, to read:

118507.

(a) (1) Notwithstanding Chapter 16 4 (commencing with Section ~~1601.0)~~ 401.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public ~~restrooms constructed~~ restroom facilities within its jurisdiction to ~~comply with this section instead of complying with~~ be designed and constructed with single-user toilet compartments and identified for use by all genders instead of the design standards for separate facilities for male and female found in the applicable provisions in Chapter 16 4 of the California Plumbing Code. ~~The~~

(2) If the city, county, or city and county exercises the authority provided in paragraph (1), it shall adopt the requirements of this section by ordinance or resolution.

(b)To determine the occupant load of each sex’s bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.
~~(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.~~
~~(2)Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.~~
(c)The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.
~~(d)Where plumbing fixtures are required, separate facilities shall be provided for each sex.~~
~~(1)Separate facilities shall not be required for dwelling units and sleeping units.~~
~~(2)Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer.~~
~~(3)Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.~~
~~(4)Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.~~
~~(5)Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.~~
(6)Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.
~~(e)Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.~~
(b) Public restroom facilities subject to this section shall be designed to serve all genders and shall meet all of the following requirements:
(1) The location of the facility shall be along open circulation paths that will maintain privacy and allow for high visibility of common-use areas for security.
(2) Water closets shall be designed as single-user compartments and designated for use by no more than one occupant at a time or for family or assisted use.
(3) Water closets shall be enclosed on all sides by walls or partitions extending from the floor to the ceiling and a door enclosing the fixture for privacy.
(4) Urinals shall be located either in an area visually separated from the remainder of the facility or in individual compartments.
(5) Lavatories shall be located either in the same compartment as a water closet or grouped in an immediately adjacent common-use area accessible to all users.
(6) Adequate light and ventilation shall be provided within each compartment and each area of the facility.
(7) Signage for toilet facilities and compartments shall identify them for use by all genders.
(c) Single-use toilet facilities shall comply with the requirements of Part 5 of Title 24 of the California Code of Regulations.
(d) Adoption of an ordinance or resolution pursuant to this section shall not be construed as requiring or authorizing either of the following:
(1) A reduction in the total number of plumbing fixtures that are required by Part 5 of Title 24 of the California Code of Regulations.
(2) A reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the federal Americans with Disability Act.
(e) A city, county, or city and county may, in its discretion, exclude certain occupancies from these requirements.