State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2113: direct primary care providers; dentists

NOW: public restrooms; changing stations

PRIME SPONSOR: Representative Griffin, LD 14

BILL STATUS:  Transmitted to Governor

 

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRequires a public entity that constructs or totally renovates an existing restroom in a public building that is accessible to both men, women and the public to include at least one restroom with a changing station that is capable of serving both a baby and an adult.  

History

A.R.S. § 41-1441 specifies places of public accommodation as all places of entertainment or recreation where food or beverage is sold for consumption on premises, all public places for lodging or benefit of those seeking health or recreation and all establishments which cater their services or goods to members of the general public. This does not include any private club or any place which is in its nature distinctly private.

The Department of Justice published revised regulations for Titles II and III of the Americans with Disabilities Act of 1990 “ADA” in the Federal Register on September 15, 2010.  These regulations adopted revised, enforceable accessibility standards called the 2010 ADA Standards for Accessible Design “2010 Standards". The 2010 Standards set minimum requirements – both scoping and technical -- for newly designed and constructed or altered State and local government facilities, public accommodations, and commercial facilities to be readily accessible to and usable by individuals with disabilities.

Provisions

1.       Requires a public entity that constructs a new restroom that is accessible to the public in a public building or that totally renovates an existing restroom that is accessible to both men and women and to the public to:

a.       Include in at least one restroom in each building at least one changing station that is capable of serving both a baby and an adult;

b.       Provide signage at or near the entrance to the changing station indicating the location of the changing station; and

c.        Indicate the location of the changing station in the central building directory, if such a directory exists. (Sec. 1)

2.       Allows the responsible authority to grant an exemption from the requirements if they determine that:

a.       Any of the following would apply to the installation of a changing station that is capable of serving both a baby and an adult:

i.         The installation would not be feasible;

ii.       The installation would result in a failure to comply with the ADA standards for access for persons with disabilities; 

iii.     The installation would threaten or destroy the historic significance of a historic property; and;

b.       The public building is not frequented by the public. (Sec. 1)

3.       Specifies that the installation of a changing station must provide sufficient clear floor space to comply with the requirements of the 2010 ADA standards for accessible design. (Sec. 1)

4.       Provides this does not establish a private right of action. (Sec. 1)

5.       Defines terms. (Sec. 1)

6.       Contains an applicability clause. (Sec. 2)

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10.   Fifty-fourth Legislature                       HB 2113

11.   First Regular Session                            Version 5: Transmitted

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13.   ---------- DOCUMENT FOOTER ---------