§ 6–1413. Diaper-changing stations.

(a) Not Funded.

(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 § 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:

(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 December 21, 2022; 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 § 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 § 6-1401(2) or the federal Americans with Disabilities Act.

(Mar. 21, 1987, D.C. Law 6-216, § 10d; as added Dec. 21, 2022, D.C. Law 24-213, §§ 2(b), 4(a), 69 DCR 13995.)

Applicability

Applicability of D.C. Law 24-213: § 4 of D.C. Law 24-213 provided that the creation of subsection (a) this section by § 2(b) of D.C. Law 24-213 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Editor's Notes

Section 3 of D.C. Law 24-212 provided that the Mayor, in consultation with the Construction Codes Coordinating Board, shall promulgate regulations to implement D.C. Law 24-212 pursuant to § 6-1409, which regulations shall be included in subsequent editions of the Construction Codes, no later than 180 days after the effective date Law 24-212.