Bill Text: NJ A3946 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires certain accessible public restroom facilities be equipped with signs reserving use for persons with disabilities.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Introduced - Dead) 2018-05-10 - Introduced, Referred to Assembly Human Services Committee [A3946 Detail]
Download: New_Jersey-2018-A3946-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Requires certain accessible public restroom facilities be equipped with signs reserving use for persons with disabilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain accessible public restroom facilities and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any place of employment or public accommodation which maintains a multiple-user public restroom shall, in each restroom, post on the door of at least one toilet compartment that is accessible to persons with a disability a prominently displayed sign indicating that the toilet compartment is reserved for the exclusive use by persons with a disability, provided that there is at least one other toilet compartment available for use by other persons.
b. Any place of employment or public accommodation which maintains a single-user public restroom that is accessible to persons with a disability shall post on the entrance door of that restroom a prominently displayed sign indicating that the restroom is reserved for the exclusive use by persons with a disability, provided that there are at least two other public restroom facilities available for use by other persons.
c. (1) A construction permit application for new construction subject to the requirements of subsection a. or b. of this section that has not been declared complete by the enforcing agency before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be approved by the enforcing agency unless the application provides for the placement of signs as required by this section.
(2) A construction permit application for construction on an existing building subject to the requirements of subsection a. or b. of this section that has not been declared complete by the enforcing agency before the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not be approved by the enforcing agency unless signs are placed as required by this section.
d. (1) An enforcing agency may inspect existing buildings subject to the requirements of subsection a. or b. of this section to determine whether signs are placed as required by this section.
(2) If the building is determined to violate the requirements of this section, the enforcing agency shall issue a written notice to the owner of the building affording the owner a 30-day period in which to correct the violation.
(3) If upon a reinspection of the building after the expiration of the 30-day period it is determined that the building continues to violate the requirements of this section, the enforcing agency may collect and enforce a civil penalty of $150 against the owner by summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
(4) An enforcing agency may collect and enforce a civil penalty of $300 against an owner for a subsequent violation of the requirements of this section in the same building.
(5) Any penalties collected pursuant to this subsection shall be used exclusively for the administrative and enforcement costs associated with implementing this section.
e. The Commissioner of Community Affairs, in consultation with the Commissioner of Human Services, shall adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate the provisions of this section.
2. This act shall take effect on the first day of the sixth month next following enactment, except the commissioner may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.
STATEMENT
This bill would require that certain public restroom facilities have signs indicating that they are reserved for use by persons with disabilities. Far too often, people who do not need accessible public restroom facilities use them. Sometimes, this leads to an uncomfortable situation in which an individual with a disability who needs such a facility is forced to wait for it to become vacant. This bill seeks to prevent this situation from arising by requiring signage on a limited number of accessible public restroom facilities indicating that they are reserved for the exclusive use by persons with a disability.
This bill would apply to places of employment and public accommodations that have a multiple-user public restroom with an accessible toilet compartment and at least one other toilet compartment, and those places that have an accessible single-user public restroom and at least two other single-user public restrooms.
Under the bill, a construction permit application for a new building that contains an applicable restroom facility could not be approved unless it provides for the placement of signs as required by the bill. For existing buildings, a construction permit application for any alteration or improvement could not be approved unless compliance is demonstrated. Existing buildings may also be subject to inspections to determine compliance. If a violation is found, the building owner is given 30 days to correct the violation. If a violation still exists after this 30-day period expires, then the owner may be subject to a $150 civil penalty. An owner may be subject to a $300 civil penalty for a subsequent violation on the same property.
The bill requires the Commissioner of Community Affairs, in consultation with the Commissioner of Human Services, to adopt rules and regulations to effectuate the provisions of the bill.
