Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Consumer Protection & Business Committee

HB 1223

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Requires restaurants that offer a children's menu and have an occupancy of greater than sixty persons to install and maintain a diaper changing station in a restroom accessible to women and a restroom accessible to men, or a restroom accessible to both men and women.
Prescribes civil penalties for violations.
Applies to new construction and significant renovations upon the effective date and existing restaurants on December 31, 2020.

Background:

Since 2016 federal law has required a diaper changing station be available to men and women in federal buildings that contain a public restroom.

Washington has no specific laws related to diaper changing stations. With the exception of federal buildings located in the state, no other business or public building is required to provide diaper changing facilities.

Summary of Bill:

Requires restaurants that offer a children's menu to install and maintain a diaper changing station in a restroom accessible to women and a restroom accessible to men, or a restroom accessible to both men and women. A restaurant is exempt from this requirement if:

it does not have a restroom available to the public;
the occupancy is less than 60 persons;
there is a restroom with the required changing table(s) within 300 feet; or
the existing restroom does not have the space required to install a diaper changing station.

For a first violation, the restaurant owner or operator will receive a warning letter from the city or county. For a subsequent violation, the restaurant owner or operator will be guilty of a class two civil infraction. The maximum penalty and the default amount for a class two civil infraction is $125, not including statutory assessments.

These requirements apply to new construction and renovations with a cost of $10,000 or more. Existing restaurants must comply by December 31, 2019.