California 2021 2021-2022 Regular Session

California Senate Bill SB1194 Introduced / Bill

Filed 02/17/2022

                    CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1194Introduced by Senator AllenFebruary 17, 2022 An act to add Section 118507 to the Health and Safety Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTSB 1194, as introduced, Allen. Public restrooms: building standards.Existing law requires a public agency, as defined, that serves the public or is open to the public and maintains toilet facilities to make those facilities available to the public free of charge. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.This bill would authorize a city, county, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction comply with specified requirements instead of complying with the plumbing standards set forth in the California Building Standards Code. This bill would set bathroom requirements, including, among others, that the occupancy load for each sex be determined by dividing the total occupancy 1/2 , that single-user toilets and bathing rooms, including family or assisted-use toilet rooms and bathing rooms, be identified for use by either sex, that separate facilities be provided for each sex where plumbing fixtures are required, and that separate facilities not be required in specified circumstances.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 118507 is added to the Health and Safety Code, to read:118507. (a) Notwithstanding Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public restrooms constructed within its jurisdiction to comply with this section instead of complying with the applicable provisions in Chapter 16 of the California Plumbing Code. The city, county, or city and county shall adopt the requirements of this section by ordinance or resolution.(b) To determine the occupant load of each sexs bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.(2) Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(c) The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.(d) Where plumbing fixtures are required, separate facilities shall be provided for each sex.(1) Separate facilities shall not be required for dwelling units and sleeping units.(2) Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. (3) Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.(4) Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.(5) Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(6) Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.(e) Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.

 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1194Introduced by Senator AllenFebruary 17, 2022 An act to add Section 118507 to the Health and Safety Code, relating to local government.LEGISLATIVE COUNSEL'S DIGESTSB 1194, as introduced, Allen. Public restrooms: building standards.Existing law requires a public agency, as defined, that serves the public or is open to the public and maintains toilet facilities to make those facilities available to the public free of charge. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.This bill would authorize a city, county, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction comply with specified requirements instead of complying with the plumbing standards set forth in the California Building Standards Code. This bill would set bathroom requirements, including, among others, that the occupancy load for each sex be determined by dividing the total occupancy 1/2 , that single-user toilets and bathing rooms, including family or assisted-use toilet rooms and bathing rooms, be identified for use by either sex, that separate facilities be provided for each sex where plumbing fixtures are required, and that separate facilities not be required in specified circumstances.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION

 Senate Bill 

No. 1194

Introduced by Senator AllenFebruary 17, 2022

Introduced by Senator Allen
February 17, 2022

 An act to add Section 118507 to the Health and Safety Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1194, as introduced, Allen. Public restrooms: building standards.

Existing law requires a public agency, as defined, that serves the public or is open to the public and maintains toilet facilities to make those facilities available to the public free of charge. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.This bill would authorize a city, county, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction comply with specified requirements instead of complying with the plumbing standards set forth in the California Building Standards Code. This bill would set bathroom requirements, including, among others, that the occupancy load for each sex be determined by dividing the total occupancy 1/2 , that single-user toilets and bathing rooms, including family or assisted-use toilet rooms and bathing rooms, be identified for use by either sex, that separate facilities be provided for each sex where plumbing fixtures are required, and that separate facilities not be required in specified circumstances.

Existing law requires a public agency, as defined, that serves the public or is open to the public and maintains toilet facilities to make those facilities available to the public free of charge. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.

This bill would authorize a city, county, or city and county to require, by ordinance or resolution, that public restrooms constructed within its jurisdiction comply with specified requirements instead of complying with the plumbing standards set forth in the California Building Standards Code. This bill would set bathroom requirements, including, among others, that the occupancy load for each sex be determined by dividing the total occupancy 1/2 , that single-user toilets and bathing rooms, including family or assisted-use toilet rooms and bathing rooms, be identified for use by either sex, that separate facilities be provided for each sex where plumbing fixtures are required, and that separate facilities not be required in specified circumstances.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 118507 is added to the Health and Safety Code, to read:118507. (a) Notwithstanding Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public restrooms constructed within its jurisdiction to comply with this section instead of complying with the applicable provisions in Chapter 16 of the California Plumbing Code. The city, county, or city and county shall adopt the requirements of this section by ordinance or resolution.(b) To determine the occupant load of each sexs bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.(2) Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(c) The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.(d) Where plumbing fixtures are required, separate facilities shall be provided for each sex.(1) Separate facilities shall not be required for dwelling units and sleeping units.(2) Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. (3) Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.(4) Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.(5) Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(6) Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.(e) Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 118507 is added to the Health and Safety Code, to read:118507. (a) Notwithstanding Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public restrooms constructed within its jurisdiction to comply with this section instead of complying with the applicable provisions in Chapter 16 of the California Plumbing Code. The city, county, or city and county shall adopt the requirements of this section by ordinance or resolution.(b) To determine the occupant load of each sexs bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.(2) Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(c) The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.(d) Where plumbing fixtures are required, separate facilities shall be provided for each sex.(1) Separate facilities shall not be required for dwelling units and sleeping units.(2) Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. (3) Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.(4) Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.(5) Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(6) Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.(e) Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.

SECTION 1. Section 118507 is added to the Health and Safety Code, to read:

### SECTION 1.

118507. (a) Notwithstanding Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public restrooms constructed within its jurisdiction to comply with this section instead of complying with the applicable provisions in Chapter 16 of the California Plumbing Code. The city, county, or city and county shall adopt the requirements of this section by ordinance or resolution.(b) To determine the occupant load of each sexs bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.(2) Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(c) The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.(d) Where plumbing fixtures are required, separate facilities shall be provided for each sex.(1) Separate facilities shall not be required for dwelling units and sleeping units.(2) Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. (3) Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.(4) Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.(5) Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(6) Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.(e) Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.

118507. (a) Notwithstanding Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public restrooms constructed within its jurisdiction to comply with this section instead of complying with the applicable provisions in Chapter 16 of the California Plumbing Code. The city, county, or city and county shall adopt the requirements of this section by ordinance or resolution.(b) To determine the occupant load of each sexs bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.(2) Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(c) The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.(d) Where plumbing fixtures are required, separate facilities shall be provided for each sex.(1) Separate facilities shall not be required for dwelling units and sleeping units.(2) Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. (3) Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.(4) Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.(5) Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(6) Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.(e) Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.

118507. (a) Notwithstanding Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public restrooms constructed within its jurisdiction to comply with this section instead of complying with the applicable provisions in Chapter 16 of the California Plumbing Code. The city, county, or city and county shall adopt the requirements of this section by ordinance or resolution.(b) To determine the occupant load of each sexs bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.(2) Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(c) The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.(d) Where plumbing fixtures are required, separate facilities shall be provided for each sex.(1) Separate facilities shall not be required for dwelling units and sleeping units.(2) Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. (3) Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.(4) Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.(5) Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.(6) Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.(e) Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.



118507. (a) Notwithstanding Chapter 16 (commencing with Section 1601.0) of the California Plumbing Code (Part 5 of Title 24 of the California Code of Regulations), a city, county, or city and county may require public restrooms constructed within its jurisdiction to comply with this section instead of complying with the applicable provisions in Chapter 16 of the California Plumbing Code. The city, county, or city and county shall adopt the requirements of this section by ordinance or resolution.

(b) To determine the occupant load of each sexs bathroom, the total occupant load shall be divided by one-half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1 of Chapter 4 of the International Plumbing Code. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number.

(1) The total occupant load shall not be required to be divided by one-half where approved statistical data indicates a distribution of the sexes of other than 50 percent of each sex.

(2) Distribution of the sexes is not required where single-user water closets and bathing room fixtures are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.

(c) The plumbing fixtures located in single-user toilets and bathing rooms, including family or assisted-use toilet and bathing rooms that are required by Section 1109.2.1 of Chapter 11 of the International Building Code shall contribute toward the total number of required plumbing fixtures for a building or tenant space. Single-user toilet facilities and bathing rooms and family or assisted-use toilet rooms and bathing rooms shall be identified for use by either sex. The total number of fixtures shall be permitted based on the required number of separate facilities or based on the aggregate of any combination of single-user or separate facilities.

(d) Where plumbing fixtures are required, separate facilities shall be provided for each sex.

(1) Separate facilities shall not be required for dwelling units and sleeping units.

(2) Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 15 or fewer. 

(3) Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer.

(4) Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer.

(5) Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2 of Chapter 4 of the International Plumbing Code.

(6) Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by both sexes and privacy for water closets are installed in accordance with Section 405.3.4 of Chapter 4 of the International Plumbing Code.

(e) Urinals shall be located in an area visually separated from the remainder of the facility, or each urinal that is provided shall be located in a stall.