D.C. Code § 6-1413

Current through codified legislation effective September 18, 2024
Section 6-1413 - Diaper-changing stations.
(a) All existing District-occupied buildings that include at least one publicly accessible restroom shall provide on each floor level where there is a publicly accessible restroom:
(1) At least one diaper-changing station that is accessible to women entering a restroom provided for use by women, and one diaper-changing station that is accessible to men entering a restroom provided for use by men; or
(2) At least one diaper-changing station in a restroom that is available for use by all genders.
(b) All newly constructed or substantially renovated District-occupied buildings that include at least one publicly accessible restroom shall provide on each floor level where there is a publicly accessible restroom:
(1) At least one diaper-changing station that is accessible to women entering a restroom provided for use by women, and one diaper-changing station that is accessible to men entering a restroom provided for use by men; or
(2) At least one diaper-changing accommodation in a restroom that is available for use by all genders.
(c) All newly constructed or substantially renovated business establishments and places of public accommodation, as defined in section 102(24) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1401.02(24)) , that include at least one publicly accessible restroom shall provide on each floor level where there is a publicly accessible restroom:
(1) At least one diaper-changing station that is accessible to women entering a restroom provided for use by women, and one diaper-changing station that is accessible to men entering a restroom provided for use by men; or
(2) At least one diaper-changing station in a restroom that is available for use by all genders.
(d) Notwithstanding subsections (a), (b), and (c) of this section, a diaper-changing station shall not be required if:
(1) The Director of the Department of Buildings, or his or her designee, in consultation with the Office of Disability Rights, determines that the installation of a diaper-changing station will not comply with District or federal laws relating to access to persons with disabilities.
(2) The Director of the Department of Consumer and Regulatory Affairs, or his or her designee, determines that installation of a diaper-changing station is infeasible due to spatial or structural limitations.
(3) A business establishment holds a Class C/N or Class D/N nightclub license issued by the Alcoholic Beverage Regulation Administration.
(4) A business establishment does not permit anyone who is under 18 years of age to enter the premises.
(5) A District-owned, District instrumentality-owned, or District-occupied building is subject to a lease agreement executed prior to the effective date of the Equal Access to Changing Tables Amendment Act of 2022, passed on 2nd reading on October 4, 2022 (Enrolled version of Bill 24-664); provided, that if the District enters into a new lease agreement, the lease agreement shall include the requirements of subsection (a) of this section.
(e) Subsections (b) and (c) of this section shall apply to applicable new construction or substantial renovations for which building permits are issued after March 31, 2023.
(f) For District of Columbia Public Schools schools and public charter schools, the requirements of subsections (a) and (b) of this section shall only apply to restrooms on the first floor of the school unless the school provides adult education courses or services.
(g) Nothing in this section shall be construed as requiring or authorizing:
(1) A reduction in the number of toilet facilities that are required by the Construction Codes as that term is defined in section 2(2) of the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1401(2)) ; or
(2) A reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either the Construction Codes, as that term is defined in section 2(2) of the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1401(2)) , or the federal Americans with Disabilities Act.

D.C. Code § 6-1413

Added by D.C. Law 24-213,§ 2, 69 DCR 013995, eff. 12/21/2022.