Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Local Government Committee
HB 2052
Brief Description: Increasing the availability of baby diaper changing stations.
Sponsors: Representatives Callan, Riccelli, Leavitt, Berry, Duerr, Reed, Ormsby, Ortiz-Self, Fosse, Doglio, Reeves, Paul, Pollet and Davis.
Brief Summary of Bill
  • Requires the State Building Code Council to adopt rules by July 1, 2025, that require a baby diaper changing station in both a restroom accessible to women and a restroom accessible to men, or in a gender-neutral restroom, in each newly constructed building in which a public restroom is required, and in any existing building in which a public restroom is required upon the renovation of a public restroom in the building. 
Hearing Date: 1/23/24
Staff: Kellen Wright (786-7134).
Background:

The State Building Code Council (Council) is a state agency responsible for the adoption of the State Building Code (Code).  The Code establishes the minimum requirements and standards for buildings and facilities constructed in the state.  The Code consists of a series of model codes, such as the International Building Code and the International Residential Code, that are adopted by reference, and any amendments that the Council makes to the codes.  The Council is required to regularly review updates to the model codes and update the state Code accordingly.  The model codes are updated every three years, and the Council's update process follows the model code cycle.


The Council has adopted amendments to the Code that specify the minimum plumbing facilities required in a building.  In general, the Code requires that, for structures and spaces intended for public use, the public must be provided with public toilet facilities.  The number and types of facilities depend on the use and size of the structure.  Retail stores, for example, must generally have one water closet per 500 occupants, and one lavatory per 750 occupants.  The facilities required may sometimes be broken down into those required for men and those required for women.  A theater, for example, must have one water closet for men per 125 occupants, one water closet for women per 65 occupants, and one lavatory per 200 occupants. 


With exceptions for certain smaller locations, such as mercantile occupancies with a maximum occupant load of 100 or fewer people, separate facilities are required for men and women, unless the facilities are designed for use by both men and women.  Building permits are generally required when alterations are made to an existing building or when a new building is constructed.


In 2016, the Bathrooms Accessible in Every Situation (or BABIES) Act was signed into federal law.  This act requires, with limited exceptions, that at least one restroom on each floor in all publicly-accessible federal buildings has a baby changing table.  Restrooms that do not have a changing table must have clear and conspicuous signage indicating where a restroom with a baby changing table can be located on the same floor.

Summary of Bill:

By July 1, 2025, the Council must adopt rules to require at least one safe, sanitary, and convenient baby diaper changing station in each newly constructed building in which a public restroom is required.  The requirement must also apply to any existing buildings in which a public restroom is required upon the renovation of a public restroom in the building.  The changing stations must be provided in at least one restroom that is accessible to women and one restroom that is accessible to men, or in one gender-neutral restroom.  Any restroom that does not contain a changing station must have clear and conspicuous signage indicating where a restroom with a changing station can be located.


The new requirements do not apply to industrial buildings, commercial buildings that do not admit people under 18 years of age, or to restrooms in health care facilities, if the restroom is intended only for the use of one patient at a time and is not for public use. 

Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.