Part 5.5ACCESS TO PUBLIC ACCOMMODATIONS BY PHYSICALLY HANDICAPPED PERSONS
Section § 19955
This law ensures that buildings and places used by the public, like hospitals, theaters, and hotels, built with private money in California meet certain accessibility standards. These standards are outlined in another part of the law, specifically starting with Section 4450 of the Government Code.
Public sanitary facilities in these buildings must be accessible to people with physical disabilities. However, any changes to these rules made during the 1973-74 legislative session only affect new public buildings or spaces constructed after that time.
Section § 19955.3
This section defines key terms used in determining building structure in California. A 'story' is a portion between floors, with specific criteria for basements to count as a story. The 'first story' is identified as the lowest floor that serves the building's primary function. A 'mezzanine' is an intermediate floor, and if it's too large, it's counted as another story. 'Grade' is the lowest ground level near a building.
Section § 19955.5
In California, places like service stations, shopping centers, doctors' offices, and office buildings built with private money must follow certain accessibility standards from the Government Code. Buildings are considered "office buildings" if most of the structure is used for business or professional activities.
These locations must have accessible restrooms for people with disabilities if they offer restrooms to the public, clients, or employees.
Changes required by 1973 and 1974 amendments only apply to buildings constructed after specific dates in those years.
Section § 19956
This law states that all public buildings in California must follow specific accessibility standards. However, some privately funded multistory buildings don't need elevators or ramps if they are smaller than three stories or less than 3,000 square feet per story. Specifically, this exception applies to office buildings not used by health care providers and non-commercial buildings, provided a reasonable portion of facilities is accessible to people with disabilities.
Section § 19956.5
In California, if a curb or sidewalk is built with private money but intended for public use, it must meet specific accessibility standards to ensure it can be used by people with physical disabilities.
This rule applies even if the curb or sidewalk is later given to a city or county for public use.
Section § 19957
This law allows a building department to make exceptions to standard building requirements if following them exactly would cause unnecessary hardship or difficulty. However, these exceptions are only allowed if the alternative methods or materials used still provide the same level of safety and access.
Section § 19957.5
This law allows cities or counties in California to set up a local board to hear appeals about decisions made by their building departments related to specific building requirements. The board should have five members: two with physical disabilities, two with construction experience, and one who is simply a community member.
If someone disagrees with the building department’s actions, they can write an appeal to this board. The board can agree or disagree with the department’s decisions, and their decision is final unless there's evidence of fraud or major mistakes. The board also needs to create rules on how they will handle these appeals.
Section § 19958
This law states that the building department in each city or county is responsible for enforcing building regulations within its area. It also clarifies that a "building department" is the agency or official tasked with overseeing laws about building and construction.
Section § 19958.5
This law allows several officials or offices, such as the district attorney, city attorney, county counsel, or the Department of Rehabilitation through the Attorney General, to take legal action to stop violations related to this specific part of the law. Essentially, they have the power to seek court orders to prevent the violation from continuing.
Section § 19958.6
This law states that anyone violating specific building access regulations faces a $2,500 fine per violation. If violations aren't corrected within 90 days of a warning notice, additional daily fines from $500 to $2,500 could be imposed. The court considers various factors, like how serious the violations are and whether they were willfully done, when deciding on the penalty amount.
If compliance isn't possible within 90 days despite efforts, the court might suspend some penalties, as long as there's a plan to fix the issue. Each violation may get a separate fine, but similar violations at one place might be counted as one if they don't impact access too much.
Legal action can be taken by various state or local authorities. The money from fines goes to relevant local or state treasuries, and if the authorities win, they can recover costs like attorney fees.
Section § 19959
This law states that any public building built before July 1, 1970, must follow certain rules if it's being changed, fixed, or added onto unless it's specifically exempted. These rules apply only to the parts of the building that are being worked on, not the whole building.
Section § 19959.5
If a court case in California involves certain accessibility laws, all parties must send their legal briefs to the State Solicitor General at the Attorney General's Office. This must be done before the briefs can be filed. If someone forgets, they will have a chance to fix it before any penalties are imposed. The Attorney General is also given extra time to respond if needed.