Section § 19955

Explanation

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.

(a)CA Health and Safety Code § 19955(a)  The purpose of this part is to insure that public accommodations or facilities constructed in this state with private funds adhere to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. For the purposes of this part “public accommodation or facilities” means a building, structure, facility, complex, or improved area which is used by the general public and shall include auditoriums, hospitals, theaters, restaurants, hotels, motels, stadiums, and convention centers.
As used in this section, “hospitals” includes, but is not limited to, hospitals, nursing homes, and convalescent homes.
When sanitary facilities are made available for the public, clients, or employees in such accommodations or facilities, they shall be made available for the physically handicapped.
Any new requirements imposed by the amendments to this section enacted by the Legislature at its 1973–74 Regular Session shall only apply to public accommodations or facilities constructed on or after the effective date of the amendments.

Section § 19955.3

Explanation

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.

As used in this part:
(a)CA Health and Safety Code § 19955.3(a)  “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or unused under-floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, the basement or unused under-floor space shall be considered as a story.
(b)CA Health and Safety Code § 19955.3(b)  “First story” means the lowest story in a building which qualifies as a story and which provides the basic services or functions for which the building is used. A floor level in a building having only one floor level shall be classified as a first story, if the floor level is not more than four feet below grade, for more than 50 percent of the total perimeter, or more than eight feet below grade at any point.
(c)CA Health and Safety Code § 19955.3(c)  “Mezzanine” means an intermediate floor placed in any story or room. When the total area of any “mezzanine floor” exceeds 33 1/3 percent of the total floor area in that room, it shall be considered as constituting an additional “story.” The clear height above and below a “mezzanine floor” construction shall be not less than seven feet.
(d)CA Health and Safety Code § 19955.3(d)  “Grade” means the lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet from the building, between the building and a line 5 feet from the building.

Section § 19955.5

Explanation

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.

All passenger vehicle service stations, shopping centers, offices of physicians and surgeons, and office buildings constructed in this state with private funds shall adhere to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. As used in this section, “office building” means a structure wherein commercial activity or service is performed or a profession is practiced, or wherein any combination thereof is performed or practiced in all or the majority of the building or structure.
When sanitary facilities are made available for the public, clients, or employees in these stations, centers, or buildings, they shall be made available for persons with disabilities.
Any new requirements imposed by the amendments to this section by Chapter 931 of the Statutes of 1973 shall only apply to those stations, centers, or office buildings constructed on or after September 30, 1973. Any other new requirements imposed by amendments to this section by Chapter 995 of the Statutes of 1974 shall only apply to those offices or office buildings constructed on or after January 1, 1975.

Section § 19956

Explanation

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.

All public accommodations constructed in this state shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code. However, the following types of privately funded multistory buildings do not require accessibility by ramp or elevator above and below the first floor:
(a)CA Health and Safety Code § 19956(a)  Multistoried office buildings, other than the professional office of a health care provider, and passenger vehicle service stations less than three stories high, or less than 3,000 square feet per story.
(b)CA Health and Safety Code § 19956(b)  Any other privately funded multistoried building that is not a shopping center, shopping mall, or the professional office of a health care provider, and that is less than three stories high or less than 3,000 square feet per story if a reasonable portion of all facilities and accommodations normally sought and used by the public in such a building are accessible to and usable by persons with disabilities.

Section § 19956.5

Explanation

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.

Any curb or sidewalk intended for public use that is constructed in this state with private funds shall conform to the provisions of Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code.
This section shall apply, but not be limited in application, to any curb or sidewalk which after construction with private funds will be turned over to a city or county for public use, in order to provide full and easy access to, and use of, such curb or sidewalk by the physically handicapped.

Section § 19957

Explanation

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.

In cases of practical difficulty, unnecessary hardship, or extreme differences, a building department responsible for the enforcement of this part may grant exceptions from the literal requirements of the standards and specifications required by this part or permit the use of other methods or materials, but only when it is clearly evident that equivalent facilitation and protection are thereby secured.

Section § 19957.5

Explanation

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.

(a)CA Health and Safety Code § 19957.5(a)  Every city, county, or city and county may appoint a local appeals board composed of five members to hear written appeals brought by any person regarding action taken by the building department of the city, county, or city and county in enforcement of the requirements of this part, including the exceptions contained in Section 19957.
(b)CA Health and Safety Code § 19957.5(b)  Two members of the appeals board shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member.
(c)CA Health and Safety Code § 19957.5(c)  The appeals board shall conduct hearings on written appeals made under subdivision (a) and may approve or disapprove interpretations of this part and enforcement actions taken by the building department of the city, county, or city and county. All such approvals or disapprovals shall be final and conclusive as to the building department in the absence of fraud or prejudicial abuse of discretion. The appeals board shall adopt regulations establishing procedural rules and criteria for the carrying out of its duties under this part.

Section § 19958

Explanation

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.

The building department of every city, county, or city and county shall enforce this part within the territorial area of its city, county, or city and county. The responsibility for enforcing Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code in its application under this part shall be by such building department within the territorial area of its city, county, or city and county.
“Building department” means the department, bureau, or officer charged with the enforcement of laws or ordinances regulating the erection or construction, or both the erection and construction, of buildings.

Section § 19958.5

Explanation

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.

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 a violation of this part.

Section § 19958.6

Explanation

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.

(a)CA Health and Safety Code § 19958.6(a)  A person who violates Section 19952, 19955, 19955.5, 19956, 19956.5, or 19959 or any of the regulations implementing those sections that have been promulgated by the State Architect pursuant to Section 4450 of the Government Code and approved by the California Building Standards Commission shall be subject to a civil penalty of two thousand five hundred dollars ($2,500) for each violation.
(b)CA Health and Safety Code § 19958.6(b)  A person who remains in violation of the statutes and regulations specified in subdivision (a) for more than 90 days after receipt of written notice from a governmental agency identifying the violation shall be subject to an additional civil penalty of not less than five hundred dollars ($500) nor more than two thousand five hundred dollars ($2,500) for each violation for each additional day that the violation remains. In assessing the amount of the civil penalty under this subdivision, the court may consider relevant circumstances presented by the parties to the case, including, but not limited to, the following:
(1)CA Health and Safety Code § 19958.6(b)(1)  The nature and seriousness of the violations.
(2)CA Health and Safety Code § 19958.6(b)(2)  The number of violations.
(3)CA Health and Safety Code § 19958.6(b)(3)  The persistence of the violations.
(4)CA Health and Safety Code § 19958.6(b)(4)  The willfulness of the defendant’s conduct.
(5)CA Health and Safety Code § 19958.6(b)(5)  The defendant’s assets, liabilities, and net worth.
(6)CA Health and Safety Code § 19958.6(b)(6)  Any economic benefit to the defendant resulting from the violation.
A court may suspend a portion of any penalty imposed pursuant to this subdivision to the extent that the person, despite diligent efforts, cannot complete all steps necessary to correct a violation within the 90-day period. Any suspension of daily penalties shall be conditioned on adherence to a court-ordered schedule for correcting the violation.
(c)CA Health and Safety Code § 19958.6(c)  When imposing penalties under either subdivision (a) or (b), the court shall impose a separate civil penalty for each violation of the statutes and implementing regulations mentioned in subdivision (a). Multiple identical violations at one facility may be deemed to constitute one violation if the court finds that the multiplicity of violations did not significantly increase the degree to which access was compromised.
(d)CA Health and Safety Code § 19958.6(d)  Every civil action brought under this section shall be brought in the name of the people of the state by 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. An action brought in the name of the people of the state shall not preclude an action being brought by an injured person under other applicable laws.
(e)Copy CA Health and Safety Code § 19958.6(e)
(1)Copy CA Health and Safety Code § 19958.6(e)(1)  If the action is brought by the Department of Rehabilitation acting through the Attorney General, or by the Attorney General, the civil penalties shall be paid to the Treasurer. Upon prevailing, the Attorney General shall be entitled to recover all costs of investigating and prosecuting the action, including expert fees, reasonable attorney’s fees, and costs.
(2)CA Health and Safety Code § 19958.6(e)(2)  If the action is brought by the district attorney, or the county counsel, the civil penalties shall be paid to the treasurer of the county in which the judgment was entered.
(3)CA Health and Safety Code § 19958.6(e)(3)  If the action is brought by the city attorney, the civil penalties shall be paid to the treasurer of the city bringing the action. Upon prevailing, the city attorney shall be entitled to recover all costs of investigating and prosecuting the action, including, but not limited to, expert fees, reasonable attorney’s fees, and costs.

Section § 19959

Explanation

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.

Every existing public accommodation constructed prior to July 1, 1970, which is not exempted by Section 19956, shall be subject to the requirements of this chapter when any alterations, structural repairs or additions are made to such public accommodation. This requirement shall only apply to the area of specific alteration, structural repair or addition and shall not be construed to mean that the entire building or facility is subject to this chapter.

Section § 19959.5

Explanation

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.

If a violation of Section 19955, 19955.3, 19955.5, 19956, 19956.5, 19957, 19957.5, or 19959 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.