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Single User Restroom All Gender Identification Goes into Effect Today.

By: Terry R. Dowdall, Esq. trd-tablet-size.jpg

Assembly Bill 1732 (Ting, Chapter 818, Statutes of 2016) takes effect today, March 1, 2017, relating to signage for single-user toilet facilities as all-gender toilet facilities in all business establishments.

Health and Safety Code § 118600 requires:

(a) All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency shall be identified as all-gender toilet facilities by signage that complies with Title 24 of the California Code of Regulations, and designated for use by no more than one occupant at a time or for family or assisted use.

(b) During any inspection of a business or a place of public accommodation by an inspector, building official, or other local official responsible for code enforcement, the inspector or official may inspect for compliance with this section.

(c) For the purposes of this section, "single-user toilet facility" means a toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user.

(d) This section shall become operative on March 1, 2017.

Comment: The following directive is provided for clarity, to address identification of single-user toilet facilities as all-gender, in compliance with the accessibility provisions of California Building Code (CBC) Chapter 11B. It is important to note that the clarification provided herein is not the result of a change in accessibility regulations, and is in accordance with existing accessibility requirements for symbols at entrances for toilet facilities, and wall-mounted designation signs if provided, as is already expressed in both the 2013 CBC and 2016 CBC.

1. The provisions of CBC Chapter 11B require that a "unisex" facility have a geometric symbol on the door that is an equilateral triangle superimposed onto a circle. The "unisex" symbol is the only specific indicator required to be provided by Chapter 11B for a toilet facility that is available for use by all individuals. No pictogram, text, or braille is required on the symbol.

2. CBC Chapter 11B does not require a wall-mounted designation sign identifying a permanent room or space to be provided for a toilet facility. CBC Chapter 11B provisions for designation signs are conditional and the technical requirements apply only when a designation sign is provided.

2.1 According to CBC Chapter 11B, where a toilet facility is identified with a designation sign adjacent to the door, the sign is required to comply with the technical requirements for visual characters, raised characters, braille, and must also comply with other accessibility requirements for mounting height, clear floor space, and proximity to the door/entrance of the room. A pictogram is not required to be provided; however, where a facility owner elects to identify a toilet facility with a pictogram, a text descriptor consisting of visual characters, raised characters, and braille is required to accompany the pictogram.

2.2 DSA does not have the authority to specify designation sign text, nor does DSA have the authority to regulate the image for a pictogram that is provided on a designation sign. The image of the pictogram and text descriptor is left to the discretion of the facility owner/operator. (See attachment, Exhibit B.)

The CBC requirements for use and application of designation signs are consistent with the 2010 Americans with Disabilities Act Standards (2010 ADAS).

-TRD, March 1, 2017

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