H-2900.1

SUBSTITUTE HOUSE BILL 2052

ByHouse Local Government (originally sponsored by Representatives Callan, Riccelli, Leavitt, Berry, Duerr, Reed, Ormsby, Ortiz-Self, Fosse, Doglio, Reeves, Paul, Pollet, and Davis)

AN ACT Relating to increasing the availability of baby diaper changing stations; adding a new section to chapter 70.54 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:

(1) A public building in which a public restroom is required must provide a baby diaper changing station in at least one restroom that is accessible to women and one restroom that is accessible to men, or in one gender-neutral restroom. If multiple restrooms accessible to women, restrooms accessible to men, or gender-neutral restrooms exist, each restroom that does not include a baby diaper changing station must contain clear and conspicuous signage indicating where a restroom with a baby diaper changing station is located.

(2)(a) Except as provided in (b) and (c) of this subsection, the requirements in subsection (1) of this section apply to any public building constructed after the effective date of this section, and to any existing public building upon the issuance of a permit for a remodel or renovation of a public restroom within the building with an estimated cost of $10,000 or more.

(b) The requirements in subsection (1) of this section do not apply to an existing public building at the time of the issuance of a permit for the remodel or renovation of a public restroom if the local government issuing the permit or a building inspector determine that the installation of a baby diaper changing station in the building is not feasible or would result in a failure to comply with applicable building standards governing the right of access for persons with disabilities.

(c) The requirements in subsection (1) of this section do not apply to a restroom located in a health care facility if the restroom is intended for the use of one patient or resident at a time and is not available for public use.

(3) For a first violation of this section, the city or county attorney shall issue a warning letter to the owner or operator of the public building. An owner or operator of a public building that violates this section after receiving a warning letter is guilty of a class 2 civil infraction under chapter 7.80 RCW.

(4) For the purposes of this section:

(a) "Baby diaper changing station" means a table or other device suitable for changing the diaper of a child weighing less than 50 pounds that is in compliance with the international building code standards as amended and adopted by the state building code council.

(b) "Gender-neutral restroom" means a restroom that is not restricted by gender including, but not limited to, restrooms available for use by families.

(c) "Health care facility" has the same meaning as in RCW 70.02.010.

(d) "Public building" is any building required to have a public restroom by the state building code or local regulations. "Public building" does not include an industrial building or commercial building that does not permit anyone who is under 18 years of age to enter the premises.

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