Access To Places Of Public Amusement And Resort By Physically Handicapped Persons - Housing - CA Health And Safety

Section § 19952

This law requires owners or managers of places such as theaters, concert halls, and stadiums to provide seating options for physically disabled people throughout the facility, making sure these options offer a range of admission prices like those for the general public.

They must balance this with safety requirements set by the State Fire Marshal.

Additionally, seats that can be easily removed may be placed in spaces allocated for wheelchairs when these spaces are not occupied by wheelchair users.

This rule applies to all relevant facilities built or planned after January 1, 1985. Lastly, these requirements must meet or exceed the standards set by the federal guidelines under the Americans with Disabilities Act.

(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).

accessible seating wheelchair accommodations public amusement venues fire safety requirements State Fire Marshal admission price range building permits Accessibility Guidelines Americans with Disabilities Act federal Access Board removable seats new construction facilities accessibility variety in seating physical disability accommodations

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

Section § 19952.5

This law requires places like sports arenas and theaters that can seat 2,500 or more people to have at least one adult changing station accessible to both men and women. This applies if the facility is newly built after January 1, 2020, or if it's renovated after January 1, 2025, with renovations costing $10,000 or more. If such a place already has a suitable changing table before January 1, 2025, it's considered compliant.

The law also mandates prominent signs to indicate the location of these changing stations, and if there's a central directory, it must list their location too. It specifically focuses on helping individuals with physical disabilities.

(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.

(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.

adult changing station commercial place of public amusement physical disability conspicuous signage renovation cost enclosed restroom facility auditorium convention center cultural complex exhibition hall amusement park sports arena theater maximum occupancy 2 500 compliance with disability law

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

Section § 19953

If someone believes a specific part of the Health and Safety Code or related sections of the Government Code is being violated, they can file a lawsuit to stop it. If they win the case, they can get their legal fees paid for by the other side.

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.

aggrieved person violation file a lawsuit stop violation recover attorney fees prevailing party legal action injunction reasonable attorney’s fees Health and Safety Code violations Government Code provisions enforcement of rights accessibility rights Chapter 7 violations Section 19955

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

Section § 19954

This law allows certain legal authorities like the district attorney, city attorney, or the Attorney General to take legal action to stop violations of regulations addressed in this part of the code. If the district attorney doesn't act, the county counsel can step in. The Department of Rehabilitation, through the Attorney General, can also take action.

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.

district attorney city attorney county counsel Department of Rehabilitation Attorney General legal action enjoin violation regulation enforcement legal authority injunction authority hierarchy enforcement responsibility legal process regulatory compliance enforcement action

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

Section § 19954.5

If you're involved in a legal case related to specific sections of the Housing and Safety Code (19952, 19953, or 19954) in California's higher courts, you must send a copy of your legal documents to the State Solicitor General. Your documents won't be accepted without showing proof that you did this. If you forget, you'll get a chance to correct it before facing penalties, and the court will give the Attorney General more time to respond.

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.

Housing and Safety Code violations document service requirement State Solicitor General Attorney General involvement proof of service appellate proceedings California courts brief filing requirements Supreme Court of California state court of appeal superior court appellate division legal brief petition failure to comply reasonable opportunity to cure

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