There is a new law in California called the “The Equal Restroom Access Act”. We urge our business clients to read this carefully to make sure your business complies with the new requirements.
Under the Act a single-user restroom, which is a “toilet facility with no more than one water closet and one urinal with a locking mechanism controlled by the user” and, now, in businesses, government buildings, and places of public accommodation, it must be made available to everyone. By March 1, 2017, the signs on single-user restrooms must be updated to be “gender-neutral.”
The California Building Code provides for three types of restroom signs: 1. Geometric signs. The geometric designation for “gender-neutral” is a triangle on top of a circle; 2. Designation signs. These identify the room as a restroom and provide tactile signs that can be read by touch, such as raised lettering and Braille as well as pictograms which must be accompanied by a tactile sign; and 3. Directional and Information signs. These signs are those that be visually read.
California law requires a minimum of two signs to identify each restroom that is open to the public – a geometric sign and a designation tactile sign. Under the Equal Restroom Access Act all single-occupancy restrooms must now be identified by an equilateral triangle measuring 12 inches on each length within a circle with a 12 inch diameter. The color of the triangle must contrast with the color of the circle within which it is superimposed. The restroom sign must contrast in color with the surface on which it is mounted and each geometric sign must be ¼ of an inch thick and be mounted at a minimum of 58 inches and a maximum of 60 inches above the ground.
The designation tactile sign lettering must be 1/32 inches thick, in all uppercase, 5/8 inches to 2 inches in height, and may not be italic, oblique, script, highly decorative, or any other unusual style. Left-flush or centered 3/8 inches to 1/2 inches below the lettering must be a Braille duplication of the lettering. Tactile signs are also subject to certain mounting requirements, including the requirements that the sign be mounted on the latch side or on the right hand side of doorway without a door, and placed outside the swing of any door.
So get out there and change those signs or just make those single-user restrooms inoperable. Fortunately, right now, the Act does not create any penalties or a private right of action for non-compliance. However, inspectors, building officials, and local officials can inspect, and it is likely that municipalities will pass or revise ordinances in response to the Act so it is a good time to discuss your potty policy with your attorney.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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