D.C. Law 24-213. Equal Access to Changing Tables Amendment Act of 2022.
AN ACT
To amend the Construction Codes Approval and Amendments Act of 1986 to require that diaper-changing stations be available for use by all genders in existing and newly constructed or substantially renovated District-owned and District-occupied buildings that include at least one publicly accessible restroom, and to require that diaper-changing stations be available for use by all genders in newly constructed or substantially renovated business establishments and places of public accommodation that include at least one publicly-accessible restroom.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Equal Access to Changing Tables Amendment Act of 2022".
Sec. 2. The Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1401 et seq.), is amended as follows:
(a) Section 2 (D.C. Official Code § 6-1401) is amended as follows:
(1) A new paragraph (1A) is added to read as follows:
"(1A) "Business establishment" means an entity, however organized, that furnishes goods or services to the general public. An otherwise qualifying establishment that has membership requirements is considered to furnish services to the general public if its membership requirements consist only of the payment of fees or consist of requirements under which a substantial portion of the residents of the District could qualify.".
(2) A new paragraph (6A) is added to read as follows:
"(6A) "Diaper-changing station" means a safe, sanitary baby-changing station, deck, table, or similar amenity that is intended for use by the public for the purpose of changing diapers on children.".
(3) A new paragraph (8B) is added to read as follows:
"(8B) "District-occupied building" means a building that is owned, leased, acquired or constructed by the District for exclusive use and occupancy by a District agency, department, or instrumentality.".
(4) A new paragraph (11A) is added to read as follows:
"(11A) "Restroom" means an enclosed space containing one or more lavatories or urinals, and one or more sinks and other plumbing fixtures.".
(5) A new paragraph (11B) is added to read as follows:
"(11B) "Substantially renovated" means the construction, alteration, or repair of restroom facilities where the work requires a permit and the cost of construction is $10,000 or more. The cost of construction includes the cost of labor and materials.".
(b) A new section 10d is added to read as follows:
"Sec. 10d. 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
"(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
"(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
Sec. 3. Rules.
The Mayor, in consultation with the Construction Codes Coordinating Board, shall promulgate regulations to implement this act pursuant to section 10 of the Construction Codes Approval and Amendments Act of 1986, effective March 21, 1987 (D.C. Law 6-216; D.C. Official Code § 6-1409), which regulations shall be included in subsequent editions of the Construction Codes, no later than 180 days after the effective date of this act.
Sec. 4. Applicability.
(a) Amendatory section 10d(a) of the Construction Codes Approval and Amendments Act of 1986, passed on 2nd reading on October 4, 2022 (Enrolled version of Bill 24-664),in section 2 of this act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
