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PRINTER'S NO. 1484
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
999
Session of
2020
INTRODUCED BY LEACH, FARNESE, TARTAGLIONE AND HUGHES,
JANUARY 31, 2020
REFERRED TO LABOR AND INDUSTRY, JANUARY 31, 2020
AN ACT
Amending the act of November 10, 1999 (P.L.491, No.45), entitled
"An act establishing a uniform construction code; imposing
powers and duties on municipalities and the Department of
Labor and Industry; providing for enforcement; imposing
penalties; and making repeals," in uniform construction code,
providing for diaper changing stations in public facilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of November 10, 1999 (P.L.491, No.45),
known as the Pennsylvania Construction Code Act, is amended by
adding a section to read:
Section 306. Diaper changing stations in public facilities.
(a) General rule.--An individual, corporation, partnership,
company, organization, association or other business entity that
owns or manages a public facility with at least one restroom
that is open to the public shall install and maintain a safe,
sanitary, convenient and publicly accessible diaper changing
station in each public restroom.
(b) Compliance.--Except as provided in subsection (c), all
existing public facilities, new construction and renovations for
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which a permit has been obtained shall comply with the
requirements under subsection (a). An existing public facility
which is not in compliance shall have 90 days from the effective
date of this subsection to meet the requirements under
subsection (a).
(c) Exception.--This section does not apply to existing
public facilities, new construction or renovations for which a
permit has been obtained if a code administrator determines that
the installation of a diaper changing station is not feasible or
would result in a failure to comply with applicable building
standards governing the right of access for individuals with
disabilities.
(d) Signage.--A public facility shall ensure the following:
(1) Each public restroom shall include signage at or
near the entrance to the public restroom indicating the
location of the diaper changing station.
(2) If there is a central directory identifying, for the
benefit of the public, the location of offices, restrooms and
other facilities in the building, that central directory
shall indicate the location of diaper changing stations.
(e) Maintenance, repair and cleaning.--A diaper changing
station shall be maintained, repaired and replaced as necessary
to ensure safety and ease of use and shall be cleaned with the
same frequency as the restroom in which it is located.
(f) Applicability.--This section does not apply to an
industrial building or to a nightclub or bar that does not
permit anyone who is under 18 years of age to enter the premises
or to a restroom located in a health facility if the restroom is
intended for the use of one patient or resident at a time.
(g) Definitions.--As used in this section, the following
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words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Commonwealth agency." An agency, authority or other
instrumentality of the Commonwealth.
"Diaper changing station." A table or other device suitable
for changing the diaper of a child three years of age or
younger.
"Health facility." A facility, place or building that is
organized, maintained and operated for the diagnosis, care,
prevention and treatment of human illness, including
convalescence and rehabilitation and care during and after
pregnancy, for one or more individuals, to which the individuals
are admitted for a 24-hour stay or longer.
"Public facility." Any of the following:
(1) A public building owned by a Commonwealth agency or
a portion of a building that is owned by the Commonwealth and
includes at least one restroom that is open to the public.
(2) A public building owned by a municipality or portion
of a building that is owned by a municipality and includes at
least one restroom that is open to the public.
(3) A theater or movie house, grocery store, health
facility, convention center, sports arena, auditorium,
cultural complex, exhibition hall, library, passenger
terminal, permanent amusement park structure, restaurant with
occupancy of at least 60 persons, shopping center of more
than 25,000 square feet, tourist attraction or retail store
of more than 5,000 square feet.
Section 2. This act shall take effect in 60 days.
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