S2206

An Act concerning diaper changing stations and supplementing P.L.1975, c.217 (C.52:27D-119 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. On each floor level of a group A or M occupancy that is open to the public and maintains a public restroom, the owner shall include a counter or table that is designed as a baby diaper changing station in at least one of its public restrooms for men and for women, respectively, or in a dedicated unisex family restroom, and shall post signage to direct visitors to baby diaper changing station-equipped restrooms. The requirement shall apply only under the following circumstances:

(1) when there is construction of a new restroom; or

(2) when there is substantial renovation of an existing restroom.

b. The owner or operator of a group A or M occupancy who violates the provisions of this section shall be liable for a penalty of not more than $500 for each violation to be collected in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalties provided by this subsection.

c. The Department of Community Affairs or the local construction code official, as applicable, upon written complaint or having reason to suspect that a group A or M occupancy is or may be in violation of the provisions of this section, shall, by written notification, advise the person having control of the group A or M occupancy accordingly and order appropriate action to be taken.

d. (1) No later than the first day of the 37th month next following enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), in any group A or M occupancy that is also a public building, the owner shall maintain a baby diaper changing station in at least one of its public restrooms for men and for women, respectively, or in a dedicated unisex family restroom, on each floor level that is open to the public, and shall post signage to direct visitors to baby diaper changing station-equipped restrooms.

(2) If the public building is a school offering education in grades K-12, or any combination thereof, then the board of education is only required to install one baby diaper changing station in one of its public restrooms for men and for women, respectively per campus, or in one dedicated unisex family restroom per campus within the deadline established pursuant to paragraph (1) of this subsection.

(3) A county, municipality, or board of education, or agency or instrumentality thereof, may apply to the Commissioner of Community Affairs for a reimbursement of the expense of a diaper changing table installation.

e. The Commissioner of Community Affairs shall promulgate rules and regulations pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) in order to effectuate the purposes of this section. The rules and regulations shall include, but not be limited to, standards for the placement of a baby diaper changing station, standards for the placement and appearance of the required signage, and the frequency and criteria of public access that shall cause a space to be designated as open to the public.

f. As used in this section:

“Group A or M occupancy” means an Assembly Group A occupancy or a Mercantile Group M occupancy, as defined in chapter 3 of the 2015 New Jersey International Building Code or its successor, with the exception of a casino, nightclub, tavern, or bar.

“Public building” means a group A or M occupancy owned by any entity of State or local government, including but not limited to a board of education, public institution of higher education, or an agency or instrumentality of county or municipal government.

“Substantial renovation” means a construction or renovation project requiring a building permit and where the value of the renovation to the restroom exceeds $5,000.

2. There is established in the Department of Community Affairs a nonlapsing fund for the purpose of providing grants to applicants seeking reimbursement pursuant to paragraph (3) of subsection d. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The fund may be credited with monies made available to the Department of Community Affairs for the purposes of the fund.

3. This act shall take effect on the first day of the seventh month next following enactment, but the Commissioner of Community Affairs may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of the act.

STATEMENT

This bill requires baby diaper changing stations in any newly constructed men or women's public restroom maintained on any publicly accessible floor of a group A or M occupancy within the State. The bill requires any group A or M occupancy, as defined in the bill, to install changing stations during renovations to existing restrooms, costing $5,000 or more. Further, the owner or operator of a group A or M occupancy is required to post signage to direct visitors to baby diaper changing station-equipped restrooms, when newly constructed or renovated.

The bill requires that public buildings containing group A or M occupancies install baby diaper changing tables in each accessible floor of each group A or M occupancy on or before the first day of the 37th month following enactment. If, however, the public building is a K-12 school, the bill only requires one changing table accessible to men and women per campus within the 37-month deadline. A county, municipality, or board of education is permitted to apply to the Department of Community Affairs (department) for a reimbursement of the expense of installation. The bill establishes a nonlapsing fund in the department to reimburse certain applicants for this expense, which may be credited with monies made available to the department for the purposes of the fund.

Failure to comply with the provisions of this bill would result in liability to a penalty of not more than $500 for each violation.