Chapter 2. Restrooms of California Health And Safety Code >> Division 104. >> Part 15. >> Chapter 2.
Every public agency that conducts an establishment serving
the public or open to the public and that maintains therein restroom
facilities for the public, shall make every water closet for each sex
maintained within the facilities available without cost or charge to
the patrons, guests, or invitees of the establishment. "Public
agency" as used in this section means only the state and any agency
of the state and a city, a county, and a city and county.
(a) Publicly and privately owned facilities where the
public congregates shall be equipped with sufficient temporary or
permanent restrooms to meet the needs of the public at peak hours.
(b) In conformity with the State Plumbing Code, and except as
otherwise provided in this section, standards shall be adopted in
order to enforce this section, as follows:
(1) The State Building Standards Commission shall adopt standards
with respect to all state-owned or state-occupied facilities where
the public congregates and over which it has jurisdiction pursuant to
Section 18934.5.
(2) The Office of the State Architect shall adopt standards with
respect to all facilities where the public congregates and that are
not covered by paragraph (1), unless exempt from coverage pursuant to
this section.
(c) The standards adopted pursuant to subdivision (b) shall be
published in the State Building Standards Code contained in Title 24
of the California Code of Regulations.
(d) This section shall apply to facilities where the public
congregates that commence construction, or that undertake structural
alterations, repairs, or improvements exceeding 50 percent of the
entire facility, on or after January 1, 1989.
(e) For the purposes of this section, "facilities where the public
congregates" means sports and entertainment arenas, stadiums,
community and convention halls, specialty event centers, amusement
facilities, and ski resorts.
For purposes of this section, "facilities where the public
congregates" also means specialty event centers in public parks.
(f) This section shall not apply to the following:
(1) Any hotel. For purposes of this section, "hotel" means an
establishment in which there exists the relationship of guests and
innkeeper between the occupants and the owner or operator of the
establishment. The existence of some other legal relationship between
the occupants and owner or operator shall be immaterial.
(2) Any restaurant or food facility, as defined in Section 113785.
(3) Any public or private elementary or secondary school facility.
(4) Any qualified historic building, defined as qualifying under
provisions in the State Historical Building Code contained in Part 8
(commencing with Section 8-100) of Title 24 of the California Code of
Regulations.
(g) It is the intent of the Legislature that, in order to ensure
that standards are both viable and efficacious, the Office of the
State Architect and the State Building Standards Commission hold a
series of public meetings with representatives of affected industries
and state and local agencies prior to adopting standards under this
section.