All newly constructed buildings shall be required to provide
gender-neutral public restroom facilities.
(Added by Ord. No. 2745CCS §
1, adopted 5/9/23)
(a)
Except as provided by subsection (b), below, the requirements of this Chapter shall apply to public restroom facilities of all new and renovated buildings that constitute newly constructed buildings as provided in Section 8.110.030 for which a complete building permit application is submitted on or after July 1, 2023.
(b)
The requirements of this Chapter shall not apply to: newly constructed
buildings for which a complete building permit application is submitted
before July 1, 2023.
(c)
Existing buildings, that are not considered newly constructed buildings,
may voluntarily retrofit public restroom facilities to comply with
this Chapter.
(d)
Pursuant to Health and Safety Code Section 118507, this Chapter requires
that public restrooms constructed within the City comply with specific
requirements designed to serve all genders instead of complying with
the standards set forth in the California Plumbing Code.
(e)
This Chapter shall become inoperative and repealed on the date that
standards that address all-gender, multi-user facilities take effect
in the California Building Standards Code (Title 24 of the California
Code of Regulations).
(Added by Ord. No. 2745CCS §
1, adopted 5/9/23)
For purposes of this Chapter, the following words or phrases
shall have the following meanings:
means any person, firm, partnership, association, joint venture,
corporation, or any other entity or combination of entities, or State
or local government agency applying for a permit for a newly constructed
building.
is defined as a public restroom whose access shall not be
restricted to persons of a specific sex or gender identity.
means a new structure that has never before been used or occupied for any purpose, or removal and replacement of an existing structure; or repair, alteration, modification, addition to, or rehabilitation of an existing structure, where a demolition will occur, as defined in Santa Monica Municipal Code Section 9.25.030(A)(1) or (A)(2).
means the California Plumbing Code published by the California Building Standards Commission as adopted by reference in Chapter 8.32 of this Article and any local amendments thereto.
(Added by Ord. No. 2745CCS §
1, adopted 5/9/23)
(a)
Single-User Facilities. Shall be designed and constructed
with single-user toilet compartments and identified for use by all
genders instead of the design standards for separate facilities for
male and female found in the applicable provisions in Chapter 4 of
the California Plumbing Code.
(b)
Multi-User Facilities. Shall be designed with lavatories
located either within toilet rooms or grouped in an immediately adjacent
common use area accessible to all users. The following acceptable
designs are provided for example purposes only.
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(c)
Signage. Signage indicating that public toilet facilities
are accessible to all users, and not restricted to persons of a specific
sex or gender identity, shall comply with Part 5 of Title 24 of the
California Code of Regulations and be clearly and conspicuously posted
on all entrances to such public restroom facility or facilities. An
example of signage that may be used is depicted below:
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(d)
Design. Gender neutral public restroom facilities shall
be designed to serve all genders and shall adhere to the following
criteria:
(1)
The location of facilities shall be along common and open circulation
paths that will maintain privacy and allow for high visibility for
security.
(2)
The main entrance to the space or area where public restroom facilities
are located shall not have a door that will obstruct or prevent visual
security.
(3)
Water closets shall be designed as single-user compartments and designated
for use by no more than one occupant at a time or for family or assisted
use.
(4)
Water closets shall be enclosed on all sides by walls or partitions
extending from up to one inch above the floor and/or from the ceiling,
and a door enclosing the fixture for privacy.
(5)
Lavatories may be located in the same compartment as a water closet
or grouped in an immediately adjacent common use area accessible to
all users.
(6)
Urinals shall be located in an area visually separated from the remainder
of the facility or in an individual compartment(s).
(7)
The door to each individual compartment containing a water closet,
urinal, or both, shall have a locking mechanism controlled by the
occupant. The lock shall visually indicate to outside occupants that
the compartment is occupied.
(8)
Adequate light and ventilation shall be provided within each compartment
and each area of the facility.
(9)
Windows or glazing used in the compartment enclosures shall be opaque
to provide for privacy.
(10)
The substitution of a water closet for each urinal shall be permitted
provided the total number of fixtures installed complies with the
California Plumbing Code.
(e)
Relation to Other Rules and Regulations. The design
standards contained in this Chapter shall not be construed as requiring
or authorizing:
(1)
A reduction in the number of fixtures or toilet facilities that are
required by Title 24, Part 5 of the California Code of Regulations;
or
(2)
A reduction in the number of fixtures or toilet facilities accessible
to persons with disabilities that are otherwise required under either
Title 24 of the California Code of Regulations or the Federal Americans
with Disability Act.
(f)
Alternate Designs. Gender neutral public toilet facilities may be further designed in any manner that provides the greatest access, equivalency and privacy for patrons, and maximizes space, with shared washbasins, enclosed lavatories, doorknobs, enclosed urinals and/or toilets, or other design features that promote the purposes herein promulgated and that may be most cost-effective for the applicant(s). Alternate design submission requests shall be reviewed by the Building Official or designee per the provisions in Santa Monica Municipal Code Section 8.08.030(j).
(Added by Ord. No. 2745CCS §
1, adopted 5/9/23)
