Senate Bill No. 324–Senators Titus, Wiener, Care,
Schneider, Neal, Coffin and Carlton

 

CHAPTER..........

 

AN ACT relating to visually impaired persons; requiring that toilet facilities in public buildings, certain leased areas and places of public accommodation be identified with signs which must be placed in certain locations, contain certain information and conform to certain standards; requiring the attorney general to enforce such requirements; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1.  NRS 338.180 is hereby amended to read as follows:

   338.180  1.  The legislature of the State of Nevada declares that:

   (a) The primary purpose of this section is to provide, subject to the

 limitations set forth in this section, for the removal and elimination of

 architectural barriers to the physically handicapped in public buildings and

 facilities designed after July 1, 1973, in order to encourage and facilitate

 the employment of the physically handicapped and to make public

 buildings accessible to and usable by the physically handicapped; and

   (b) It is the intent of the legislature that insofar as possible all buildings

 and facilities used by the public be accessible to, and functional for, the

 physically handicapped, without loss of function, space or facility where

 the general public is concerned.

   2.  All plans and specifications for the construction of public buildings

 and facilities owned by the State of Nevada or by a political subdivision

 thereof must, after July 1, 1973, provide facilities and features for the

 physically handicapped so that buildings which are normally used by the

 public are constructed with entrance ramps, toilet facilities, drinking

 fountains, doors and public telephones accessible to and usable by the

 physically handicapped. In addition, all plans and specifications for the

 construction or alteration of public buildings and facilities owned by the

 State of Nevada or a political subdivision thereof must comply with the

 applicable requirements of the:

   (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101

et seq., and the regulations adopted pursuant thereto, including, without

 limitation, the Americans with Disabilities Act Accessibility Guidelines

 for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28

 of the Code of Federal Regulations;

   (b) Minimum Guidelines and Requirements for Accessible Design,

36 C.F.R. §§ 1190.1 et seq.; and

   (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted

 pursuant thereto.

The requirements of paragraph (a) of this subsection are not satisfied if the

 plans and specifications comply solely with the Uniform Federal

 Accessibility Standards set forth in Appendix A of Part 101-19.6 of Title

 41 of the Code of Federal Regulations.

   3.  The State of Nevada and each political subdivision thereof shall, in

 the design, construction and alteration of public buildings and facilities

 comply with the applicable requirements of the:

   (a) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et

seq., and the regulations adopted pursuant thereto, including, without

 limitation, the Americans with Disabilities Act Accessibility Guidelines

 for Buildings and Facilities set forth in Appendix A of Part 36 of Title 28

 of the Code of Federal Regulations;

   (b) Minimum Guidelines and Requirements for Accessible Design,

36 C.F.R. §§ 1190.1 et seq.; and

   (c) Fair Housing Act, 42 U.S.C. § 3604, and the regulations adopted

 pursuant thereto.

The requirements of paragraph (a) of this subsection are not satisfied if the

 State of Nevada or a political subdivision thereof complies solely with

the Uniform Federal Accessibility Standards set forth in Appendix A of

 Part 101-19.6 of Title 41 of the Code of Federal Regulations.

   4.  In each public building and facility owned by this state or a

 political subdivision of this state, each entrance to a corridor which

 leads to a toilet facility must be marked with a sign which:

   (a) Conforms to the requirements related to signage contained in §§

 4.30 et seq. of the Americans with Disabilities Act Accessibility

 Guidelines for Buildings and Facilities set forth in Appendix A of Part

 36 of Title 28 of the Code of Federal Regulations; and

   (b) Uses symbols, raised letters and Braille to:

     (1) Identify the toilet facility and the gender of persons who may

 use the toilet facility; and

     (2) If the toilet facility is for the exclusive use of persons of one

 gender:

        (I) Indicate that the toilet facility is for the exclusive use of

 persons of that gender; and

        (II) Provide direction to a toilet facility that may be used by

 persons of the other gender.

   5.  The state public works board shall verify that all public buildings

 and facilities owned by the State of Nevada conform with the requirements

 of this section. Each political subdivision shall verify that all public

 buildings and facilities owned by the political subdivision conform with

 the requirements of this section.

   6.  A person may report a violation of this section to the attorney

 general.

   7.  Upon receiving a report pursuant to subsection 6, the attorney

 general shall notify the public body responsible for the alleged violation.

 Not later than 30 days after receiving such a notification, the public

 body shall:

   (a) Present evidence to the attorney general that it is in compliance

 with this section; or

   (b) Begin any action necessary to comply with the requirements of this

 section and notify the attorney general of the date on which it will be in

 compliance with those requirements.

   8.  If the public body responsible for the alleged violation fails to

 comply with this section, the attorney general shall take such action as is

 necessary to ensure compliance with this section, including, without

 limitation, commencing proceedings in a court of competent jurisdiction,

 if appropriate.

   Sec. 2.  NRS 444.048 is hereby amended to read as follows:

   444.048  1.  Except as otherwise provided in this section, each area

 that is leased by or on behalf of a public body and is used primarily to

 provide a service to the public must have at least one toilet facility which

 is accessible to a person with a disability within the leased area or, if the

 leased area is a part of a complex of leased areas, within the common area

 of the complex. The toilet facility must [be] :

   (a) Be available for use by members of the public. [To satisfy the

 requirements of this section, the toilet facility must comply]

   (b) Comply with the regulations regarding accessibility of a toilet

 facility promulgated pursuant to the Americans with Disabilities Act of

 1990, 42 U.S.C. §§ 12101 et seq.

   (c) If a corridor leads to the toilet facility, be marked at the entrance

 to the corridor with a sign which:

     (1) Conforms to the requirements related to signage contained in §§

 4.30 et seq. of the Americans with Disabilities Act Accessibility

 Guidelines for Buildings and Facilities set forth in Appendix A of Part

 36 of Title 28 of the Code of Federal Regulations; and

     (2) Uses symbols, raised letters and Braille to:

        (I) Identify the toilet facility and the gender of persons who may

 use the toilet facility; and

        (II) Indicate whether the toilet facility is for the exclusive use of

 persons of one gender and, if applicable, provide direction to a toilet

 facility that may be used by persons of the other gender.

   2.  The provisions of subsection 1 do not apply to a leased area within a

 state park for which toilet facilities are otherwise accessible to members of

 the public.

   3.  A contract to lease an area that does not satisfy the requirements of

 subsection 1 which is entered into on or after October 1, 1997, is void and

 unenforceable.

   Sec. 3.  Chapter 447 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  Each owner, lessor, lessee or operator of a public accommodation

 shall mark each entrance to a corridor in the public accommodation

 which leads to a toilet facility with a sign which:

   (a) Conforms to the requirements related to signage contained in §§

 4.30 et seq. of the Americans with Disabilities Act Accessibility

 Guidelines for Buildings and Facilities set forth in Appendix A of Part

 36 of Title 28 of the Code of Federal Regulations; and

   (b) Uses symbols, raised letters and Braille to:

     (1) Identify the toilet facility and the gender of persons who may

 use the toilet facility; and

     (2) If the toilet facility is for the exclusive use of persons of one

 gender:

        (I) Indicate that the toilet facility is for the exclusive use of

 persons of that gender; and

        (II) Provide direction to a toilet facility that may be used by

 persons of the other gender.

   2.  A person may report a violation of subsection 1 to the attorney

 general.

   3.  Upon receiving a report pursuant to subsection 2, the attorney

general shall notify the owner, lessor, lessee or operator of the public

 accommodation of the alleged violation. Not later than 30 days after

 receiving such a notification, the owner, lessor, lessee or operator of the

 public accommodation shall:

   (a) Present evidence to the attorney general that the public

 accommodation is in compliance with subsection 1; or

   (b) Begin any action necessary to comply with the requirements of

 subsection 1 and notify the attorney general of the date on which the

 public accommodation will be in compliance with those requirements.

   4.  If the owner, lessor, lessee or operator of the public

 accommodation fails to comply with subsection 1, the attorney general

 shall take such action as is necessary to ensure compliance with

 subsection 1, including, without limitation, commencing proceedings in

 a court of competent jurisdiction, if appropriate.

   5.  As used in this section, “public accommodation” has the meaning

 ascribed to it in 42 U.S.C. § 12181.

   Sec. 4.  NRS 447.210 is hereby amended to read as follows:

   447.210  1.  Every proprietor, owner, manager, lessee or other person

 in charge of any hotel in this state [, who shall fail] who fails to comply

 with [this chapter] the provisions of NRS 447.003 to 447.200, inclusive,

 or any of the provisions of the regulations hereby established whether

 through the acts of himself, his agent or employees [, shall be] is guilty of

 a misdemeanor.

   2.  Every day that any hotel [shall be kept] is in violation of any of the

 provisions of this chapter [, such keeping shall constitute] constitutes a

 separate offense.

   Sec. 5.  The provisions of subsection 1 of NRS 354.599 do not apply

 to any additional expenses of a local government that are related to the

 provisions of this act.

   Sec. 6.  This act becomes effective on January 1, 2002.

 

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