New Jersey-2024-A3010-Introduced

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

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 appropriated from the general fund to the Department of Community Affairs the sum of $500,000 to effectuate the purposes of subsection d. of section 1 of this act. Any moneys not expended for these purposes before the expiration of a period ending one year after the effective date of this act shall be returned to the General 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 would require 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. It would also require any group A or M occupancy to install changing stations during renovations to existing restrooms, costing $5,000 or more. The bill would further require the owner or operator of a group A or M occupancy to post signage to direct visitors to baby diaper changing station-equipped restrooms, when newly-constructed or renovated.

Additionally, the bill would require public buildings, that contain group A or M occupancies, to 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 would only require one changing table accessible to men and women per campus within the 37-month deadline. A county, municipality, or board of education would be permitted to apply to the Department of Community Affairs for a reimbursement of the expense of installation. The bill appropriates $500,000 from the general fund to address this expense. Failure to comply with the provisions of this bill would result in liability for a penalty of not more than $500 for each violation.

Under the bill, "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. More specifically, the terms encompass the following:

(1) assembly group A occupancies, subject to applicable spatial and occupant limits, including but not limited to theaters, banquet halls and restaurants, amusement arcades, art galleries, bowling allies, community halls, courtrooms, dance halls, libraries, places of religious worship, waiting areas in transportation terminals, bleachers and grandstands, and arenas and stadiums; and

(2) a mercantile group M occupancy, including but not limited to a department store, drug store, market, motor-fuel dispensing facility, retail or wholesale store, or sales room.

Under the bill, casinos, nightclubs, taverns and bars are excluded from the "group A or M occupancy" definition, because small children are rarely present at those types of establishments.

This bill will ensure that parents of small children have greater access to changing tables in public restrooms. As the typical structure of families within this State evolves, men are becoming more involved in the care of young children. According to a recent government study, about 90 percent of fathers who live with their children report that they bathe, diaper, or dress their children everyday or several days a week. The study further noted that fathers are more involved in their children's lives than in previous generations. No current State law requires group A or M occupancies to equip public restrooms with changing stations, and the ones that do so voluntarily tend to only offer the accommodation in women's restrooms. This bill will correct that imbalance and provide greater access to changing stations for both men and women.