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S3649
SENATE, No. 3649
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 24, 2026
Sponsored by:
Senator� LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
���� Requires certain accessible public restroom
facilities be equipped with signs reserving use for persons with disabilities.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning certain accessible public restroom
facilities and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.�� Any place of
employment or public accommodation which maintains a multiple-user public
restroom shall, in each restroom, post on the door of at least one toilet
compartment that is accessible to persons with a disability a prominently
displayed sign indicating that the toilet compartment is reserved for the
exclusive use by persons with a disability, provided that there is at least one
other toilet compartment available for use by other persons.
���� b.��� Any place of employment
or public accommodation which maintains a single-user public restroom that is
accessible to persons with a disability shall post on the entrance door of that
restroom a prominently displayed sign indicating that the restroom is reserved
for the exclusive use by persons with a disability, provided that there are at
least two other public restroom facilities available for use by other persons.
���� c.���� (1)�� A construction
permit application for new construction subject to the requirements of
subsection a. or b. of this section that has not been declared complete by the
enforcing agency before the effective date of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill) shall not be approved by the
enforcing agency unless the application provides for the placement of signs as
required by this section.
���� (2)�� A construction permit
application for construction on an existing building subject to the
requirements of subsection a. or b. of this section that has not been declared
complete by the enforcing agency before the effective date of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) shall not be
approved by the enforcing agency unless signs are placed as required by this
section.
���� d.��� (1)�� An enforcing
agency may inspect existing buildings subject to the requirements of subsection
a. or b. of this section to determine whether signs are placed as required by
this section.
���� (2)�� If the building is
determined to violate the requirements of this section, the enforcing agency
shall issue a written notice to the owner of the building affording the owner a
30-day period in which to correct the violation.
���� (3)�� If upon a reinspection
of the building after the expiration of the 30-day period it is determined that
the building continues to violate the requirements of this section, the
enforcing agency may collect and enforce a civil penalty of $150 against the
owner by summary proceeding pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.).
���� (4)�� An enforcing agency may
collect and enforce a civil penalty of $300 against an owner for a subsequent
violation of the requirements of this section in the same building.
���� (5)�� Any penalties collected
pursuant to this subsection shall be used exclusively for the administrative
and enforcement costs associated with implementing this section.
���� e.���� The Commissioner of
Community Affairs, in consultation with the Commissioner of Human Services,
shall adopt rules and regulations in accordance with the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), necessary to effectuate
the provisions of this section.
���� 2.��� This act shall take
effect on the first day of the sixth month next following enactment, except the
commissioner may take any anticipatory administrative action in advance as
shall be necessary for the implementation of this act.
STATEMENT
���� This bill would require that
certain public restroom facilities have signs indicating that they are reserved
for use by persons with disabilities.� Far too often, people who do not need
accessible public restroom facilities use them.� Sometimes, this leads to an
uncomfortable situation in which an individual with a disability who needs such
a facility is forced to wait for it to become vacant.� This bill seeks to
prevent this situation from arising by requiring signage on a limited number of
accessible public restroom facilities indicating that they are reserved for the
exclusive use by persons with a disability.
���� This bill would apply to places
of employment and public accommodations that have a multiple-user public
restroom with an accessible toilet compartment and at least one other toilet
compartment, and those places that have an accessible single-user public
restroom and at least two other single-user public restrooms.
���� Under the bill, a construction
permit application for a new building that contains an applicable restroom
facility could not be approved unless it provides for the placement of signs as
required by the bill.� For existing buildings, a construction permit
application for any alteration or improvement could not be approved unless compliance
is demonstrated.� Existing buildings may also be subject to inspections to
determine compliance.� If a violation is found, the building owner is given 30
days to correct the violation.� If a violation still exists after this 30-day
period expires, then the owner may be subject to a $150 civil penalty.� An
owner may be subject to a $300 civil penalty for a subsequent violation on the
same property.
���� The bill requires the Commissioner
of Community Affairs, in consultation with the Commissioner of Human Services, to
adopt rules and regulations to effectuate the provisions of the bill.