(a) Definitions. For purposes of this Section 3305.4, the following definitions shall apply:
(1) “Business establishment” shall have the same meaning as in Section 3813(b) of this Code.
(2) “Public accommodation” shall have the same meaning as in Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12181(7), and the federal regulations adopted thereunder, as either are amended from time to time.
(3) “Baby Diaper-Changing Accommodation” shall mean a safe, sanitary, and convenient baby diaper-changing station, or similar amenity. Such accommodations may include, but are not limited to, work surfaces, stations, decks, and tables in women’s and men’s restrooms or all-gender restrooms.
(b) Requirement. All Business Establishments and Public Accommodations that maintain a Baby Diaper-Changing Accommodation in a restroom available for use by women shall also install and maintain a Baby Diaper-Changing Accommodation in a restroom available for use by men or in a restroom available for use by all genders. The installation of a Baby Diaper-Changing Accommodation shall comply with City, State, and Federal laws relating to access to persons with disabilities.
(c) The Director of the Department of Building Inspection, or his or her designee, shall waive compliance with subsection (b) upon determining that a Business Establishment or Public Accommodation subject to this Section 3305.4 cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with City, State, or Federal laws relating to access to persons with disabilities, including Section 11B-226.4 of the California Building Code, or that installation of the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural limitations.
(d) Time for Compliance.
(1) Existing Businesses and Public Accommodations. Business Establishments and Public Accommodations that are subject to this Section 3305.4
and in existence as of the effective date of this Section shall have 12 months from the effective date of this Section to come into compliance by installing and maintaining a Baby Diaper-Changing Accommodation in a restroom available for use by men or available for use by all genders, if one is not already installed and maintained.
(2) New Businesses and Public Accommodations. New Business Establishments and Public Accommodations that choose to install and maintain a Baby Diaper-Changing Accommodation in a restroom available for use by women shall also install and maintain a Baby Diaper-Changing Accommodation in a restroom available for use by men or available for use by all genders immediately upon opening to the public.
(e) Contractual obligations. Nothing in this Section 3305.4
is intended to interfere with any contractual obligations between the owner of a building in which a Business Establishment or Place of Public Accommodation is located, and any lessee of space within the building.
