Part 5.3 - ACCESS TO PLACES OF PUBLIC AMUSEMENT AND RESORT BY PHYSICALLY HANDICAPPED PERSONS

California Health and Safety Code — §§ 19952-19954.5

Sections (5)

§ 19952

Amended by Stats. 1993, Ch. 1214, Sec. 6. Effective January 1, 1994.

(a)Any person, or public or private firm, organization, or corporation, who owns or manages places of public amusement and resort including theaters, concert halls, and stadiums shall provide seating or accommodations for physically disabled persons in a variety of locations within the facility, to the extent that this variety can be provided while meeting fire and panic safety requirements of the State Fire Marshal, so as to provide these persons a choice of admission prices otherwise available to members of the general public.

(b)Readily removable seats may be installed in wheelchair spaces when the spaces are not required to accommodate wheelchair users.

(c)The requirements of this section shall apply with respect to publicly and privately owned facilities or structures for the purposes specified in subdivision (a) for which a building permit or a building plan for new construction has been issued on or after January 1, 1985.

(d)In no case shall this section be construed to prescribe a lesser standard of accessibility or usability than provided by the Accessibility Guidelines prepared by the federal Access Board and adopted by the United States Department of Justice to implement the Americans with Disabilities Act of 1990 (Public Law 101-336).

§ 19952.5

Added by Stats. 2015, Ch. 742, Sec. 1. (AB 662) Effective January 1, 2016.

(a)A person, private firm, organization, or corporation that owns or manages a commercial place of public amusement shall 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, if either of the following occur:

(1)The commercial place of public amusement is newly constructed on or after January 1, 2020.

(2)(A) When an existing commercial place of public amusement is renovated on or after January 1, 2025, and requires a permit or the estimated cost of the

renovation is ten thousand dollars ($10,000) or more.

(B)A commercial place of public amusement with an enclosed restroom facility or other similar private facility with an adult changing table in use before January 1, 2025, shall be deemed to comply with this paragraph.

(b)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.

(c)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, sports arena, or theater or movie house for which the maximum occupancy is determined to be 2,500 or more people. “Commercial place of public amusement” does not include any public or private higher education facility or district agricultural association.

(2)“Adult

changing station” means an adult changing table placed within an enclosed restroom facility or other similar private 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.

§ 19953

Added by Stats. 1983, Ch. 781, Sec. 1.

Any person who is aggrieved or potentially aggrieved by a violation of this part, Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code, or Part 5.5 (commencing with Section 19955) of Division 13 of the Health and Safety Code may bring an action to enjoin the violation. The prevailing party in the action shall be entitled to recover reasonable attorney’s fees.

§ 19954

Amended by Stats. 2003, Ch. 872, Sec. 6. Effective January 1, 2004.

The district attorney, the city attorney, the county counsel if the district attorney does not bring an action, the Department of Rehabilitation acting through the Attorney General, or the Attorney General may bring an action to enjoin any violation of this part.

§ 19954.5

Added by Stats. 2002, Ch. 244, Sec. 4. Effective January 1, 2003.

If a violation of Section 19952, 19953, or 19954 is alleged or the application or construction of any of these sections is in issue in any proceeding in the Supreme Court of California, a state court of appeal, or the appellate division of a superior court, each party shall serve a copy of the party’s brief or petition and brief, on the State Solicitor General at the Office of the Attorney General. No brief may be accepted for filing unless the proof of service shows service on the State Solicitor General. Any party failing to comply with this requirement shall be given a reasonable opportunity to cure the failure before the court imposes any sanction and, in that instance, the court shall allow the Attorney General reasonable additional time to file a brief in the matter.