41-1444. Changing stations; public buildings; definitions

A. 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 in a public building shall:

1. 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 and that is accessible to both men and women.

2. Provide signage at or near the entrance to the changing station indicating the location of the changing station.

3. Indicate the location of the changing station in the central building directory, if such a directory exists.

B. The responsible authority may grant an exemption from the requirements of this section if the responsible authority determines that:

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

(a) The installation would not be feasible.

(b) The installation would result in a failure to comply with the Americans with disabilities act standards for access for persons with disabilities.

(c) The installation would threaten or destroy the historic significance of a historic property.

2. The public building is not frequented by the public.

C. The installation of a changing station under this section must provide sufficient clear floor space to comply with the requirements of the 2010 Americans with disabilities act standards for accessible design.

D. This section does not establish a private right of action.

E. For the purposes of this section:

1. " Public building" means a building or appurtenance to a building that is built in whole or in part with public monies.

2. " Public entity" means any:

(a) State or local government.

(b) Department, agency, special purpose district or other instrumentality of a state or local government, including the legislature.

3. " Responsible authority" means an organization, office or individual responsible for enforcing the requirements of a code or standard or for approving equipment, materials, an installation or a procedure.

4. " Totally renovates" means to perform construction that is at least $50, 000 and that totally removes all nonstructural interior walls, floor and ceiling finishes, mechanical systems, electrical systems and plumbing fixtures and supply and waste lines.

5. " 2010 Americans with disabilities act standards for accessible design" means the 2010 standards for state and local government facilities prescribed in 28 Code of Federal Regulations section 35.151 and 36 Code of Federal Regulations part 1191, appendices B and D.