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1209 Add a section as follows:
1209.4. Baby diaper-changing accommodations. At least one Baby Diaper-Changing Accommodation that is open and available for use by women and one that is open and available for use by men, or a single Baby Diaper-Changing Accommodation that is open and available for use by all genders, shall be installed and maintained in a newly constructed or substantially renovated Public Service Establishment at each floor level containing a toilet room available for use by the public.
Exceptions:
1. A Baby Diaper-Changing Accommodation shall not be required if the Building Official, or his or her designee, determines that it cannot be installed and comply with City, State, or Federal laws relating to access to persons with disabilities, including Section 11B-226.4 of this Code.
2. A Baby Diaper-Changing Accommodation shall not be required if the Building Official, or his or her designee, determines that the installation is infeasible due to spatial or structural limitations.
1209.4.1. Definitions. For purposes of this Section 1209.4, the following definitions shall apply.
“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 toilet rooms or all-gender toilet rooms.
“Public Service Establishment” shall mean a facility as specified in Subsections (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), and (13) of the definition of Place of Public Accommodation in Chapter 2 of this Code, but shall not include any such facility where entry by minors is prohibited by law.
“Substantially Renovated” shall be limited to renovation of a toilet room, and shall mean any addition, alteration, or repair project to toilet rooms, performed under a building permit with a cost of construction of $50,000 or more for renovation of one or more toilet rooms.
1209.4.2. Signage. Each Public Service Establishment subject to Section 1209.4 shall provide signage at or near its entrance stating “Baby Diaper-Changing Accommodation Inside.” This signage shall be posted in compliance with Section 11B-216.2 of this Code. In a building encompassing multiple establishments and having a central directory, the location of all such accommodations shall be indicated on the directory.
1209.4.3. Nothing in this Section 1209.4 shall be construed as requiring or authorizing (1) a reduction in the number of toilet facilities that are required by Title 24 of the California Code of Regulations or (2) a reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the Federal Americans with Disabilities Act.
1209.5. Lactation Rooms.
(a) Specifications. A Lactation Room shall meet the following requirements. The room shall be at least 50 square feet. It shall include at least one electrical outlet per lactation station and an additional outlet per room for a refrigerator, a sink with hot and cold running water, and a door that can be locked from the inside. The room shall be located no more than 500 feet or within two adjacent floors from the farthest employee workspace that it is designated to serve. The room shall meet all applicable local, state, and federal accessibility requirements, including requirements under the Americans with Disabilities Act and Chapter 11B of the California Building Code.
(b) Required Construction of Lactation Rooms. A Project Sponsor shall construct Lactation Room(s) in buildings designated for Group A, B, E, F, I, M, or R-1 use as defined by Chapter 3 of the Building Code when there are tenant improvements of the building that meet the following criteria:
(1) when there is tenant improvement project for the interior of the building, and
(2) the gross square footage of the interior space designated for Employee only use (i.e., space not designated for public use) and included in the project is at least 15,000 square feet, and
(3) the estimated cost of the project stated in the building application is over $1,000,000.
If these three requirements are met, the project shall include a Lactation Room(s), as follows:
Employee Occupancy Load of Building | Number of Lactation Rooms or Stations |
50-150 | 1 |
151-300 | 2 |
301-500 | 3 |
501-1000 | 4 |
1001-2000 | 8 |
2001-4000 | 11 |
For each additional 900 Employees in excess of 4000 | 1 |
If the tenant improvement project contains existing Lactation Rooms that comply with this Section, such rooms may fulfill the requirements of this subsection (b).
(c) The requirement for a Lactation Room to have a sink, as specified by subsection (a) of this Section shall not apply where the project does not involve plumbing work.
(d) Lactation Stations. Where multiple Lactation Rooms are required for a project under subsection (b), the Project Sponsor may fulfill the requirement by merging the required rooms and the square footage specified under subsection (a) and providing one room with multiple lactation stations or multiple rooms with multiple lactation stations. The total square footage provided must meet the minimum for the number of rooms required by subsection (b). The room(s) must otherwise satisfy the requirements of this Section 1209.5, except that only one sink is required in a room with multiple lactation stations.
(e) Other Requirements of Lactation Rooms. Any Lactation Room required by this Section shall be designated for purposes of lactation and shall not be converted for any other use. Each room shall have a sign outside the door indicating that it is a Lactation Room. The sign shall comply with Section 11B-216.2 of the Building Code. The room may be temporarily used for purposes other than lactation only when the room is not being used by any employee to accommodate the employee’s request for lactation accommodation under of the Police Code. Each lactation station shall have an electrical outlet and each Lactation Room shall have one additional electrical outlet to accommodate a refrigerator for purposes of storing breastmilk.
(f) For purposes of this Section 1209.5, “Project Sponsor” means the party that constructs the tenant improvements for an end user’s occupancy.