| 1 | 1 | | HOUSE . . . . . . . . No. 4397 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, February 15, 2024. |
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| 5 | 5 | | The committee on Children, Families and Persons with Disabilities, to |
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| 6 | 6 | | whom was referred the petition (accompanied by bill, House, No. 212) of |
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| 7 | 7 | | Angelo J. Puppolo, Jr. and Bud L. Williams for legislation to provide for |
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| 8 | 8 | | diaper changing stations in public buildings and accommodations, reports |
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| 9 | 9 | | recommending that the accompanying bill (House, No. 4397) ought to |
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| 10 | 10 | | pass. |
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| 11 | 11 | | For the committee, |
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| 12 | 12 | | JAY D. LIVINGSTONE. 1 of 3 |
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| 13 | 13 | | FILED ON: 2/7/2024 |
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| 14 | 14 | | HOUSE . . . . . . . . . . . . . . . No. 4397 |
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| 15 | 15 | | The Commonwealth of Massachusetts |
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| 16 | 16 | | _______________ |
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| 17 | 17 | | In the One Hundred and Ninety-Third General Court |
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| 18 | 18 | | (2023-2024) |
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| 19 | 19 | | _______________ |
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| 20 | 20 | | An Act requiring universal changing stations in public buildings. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 22 | 22 | | of the same, as follows: |
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| 23 | 23 | | 1 SECTION 1. Section 93 of chapter 143 of the General Laws, as appearing in the 2020 |
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| 24 | 24 | | 2Official Edition, is hereby amended by adding the following paragraph after the fifth paragraph:- |
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| 25 | 25 | | 3Any State owned and maintained public building containing a public toilet room that is newly |
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| 26 | 26 | | 4constructed, reconstructed or remodeled on or after January 1, 2026 shall install and maintain at |
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| 27 | 27 | | 5least 1 universal changing station. The bathroom shall be conspicuously marked as containing a |
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| 28 | 28 | | 6public changing table. The changing table shall be capable of supporting a minimum of 350 |
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| 29 | 29 | | 7pounds and providing a changing surface of 70 inches minimum in length and 30 inches |
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| 30 | 30 | | 8minimum in width and open so that the top of the changing table is at least twenty (20) to |
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| 31 | 31 | | 9twenty-five (25) inches off the floor. |
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| 32 | 32 | | 10 SECTION 2. Section 93 of said chapter 143 is hereby further amended by inserting the |
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| 33 | 33 | | 11following definitions after the sixth paragraph:- 2 of 3 |
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| 34 | 34 | | 12 “Universal changing station,” an adult sized changing table designed to hold at least |
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| 35 | 35 | | 13350lbs that is located within an enclosed restroom facility that is for use by persons of any age |
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| 36 | 36 | | 14who require assistance with diapering and is accessible by persons of any sex. |
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| 37 | 37 | | 15 "State owned and maintained”, is a building with a public bathroom belonging to, funded |
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| 38 | 38 | | 16by, and controlled by the Commonwealth of Massachusetts, its political subdivisions, and its |
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| 39 | 39 | | 17public authorities and other public instrumentalities. |
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| 40 | 40 | | 18 SECTION 3. Section 93 of chapter 143 of the General Laws, as appearing in the 2020 |
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| 41 | 41 | | 19Official Edition, is hereby amended by adding the following after the definitions: The board shall |
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| 42 | 42 | | 20adopt regulations regarding the requirement that any State-owned and maintained public building |
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| 43 | 43 | | 21that is newly constructed, reconstructed or remodeled on or after January 1, 2026 to install and |
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| 44 | 44 | | 22maintain at least 1 universal changing station. |
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| 45 | 45 | | 23 (b) The regulations adopted by the Board shall include, but should not be limited to: |
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| 46 | 46 | | 24 (1) a requirement that the entrance to each universal changing station has conspicuous |
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| 47 | 47 | | 25signage indicating the location of the station; |
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| 48 | 48 | | 26 (2) a requirement that if a public building has a central directory, said central directory |
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| 49 | 49 | | 27must indicate the location of the universal changing station; |
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| 50 | 50 | | 28 (3) a requirement for signage indicating the weight capacity and instructions for operation |
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| 51 | 51 | | 29of the changing station within the room; |
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| 52 | 52 | | 30 (4) the process for determining exemptions and further details of the exemptions listed in |
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| 53 | 53 | | 31Section 4(c); |
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| 54 | 54 | | 32 (5) a requirement that all universal changing stations shall: 3 of 3 |
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| 55 | 55 | | 33 (A) provide safety features of sidebar rails and safety belts; |
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| 56 | 56 | | 34 (B) be located inside a private restroom or in a private stall, enclosed area or privacy |
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| 57 | 57 | | 35screen within a multi-stall restroom; |
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| 58 | 58 | | 36 (C) provide adequate space for assistance for end and side clearance; and |
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| 59 | 59 | | 37 (D) comply with all requirements of the Federal Americans with Disabilities Act; |
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| 60 | 60 | | 38 (6) any other issues regarding implementation that the board deems appropriate. |
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| 61 | 61 | | 39 (c) The board shall grant an exemption from the requirements of this section if it |
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| 62 | 62 | | 40determines: |
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| 63 | 63 | | 41 (1) the installation would not be feasible. |
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| 64 | 64 | | 42 (2) the installation would create a condition that does not comply with the Americans |
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| 65 | 65 | | 43with Disabilities Act standards for access for persons with disabilities. |
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| 66 | 66 | | 44 (3) the installation would destroy the historic significance of a historic property; |
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| 67 | 67 | | 45 (4) the building is not frequented by the public; or |
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| 68 | 68 | | 46 (5) the cost of the proposed reconstruction or remodeling without the inclusion of a |
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| 69 | 69 | | 47changing table does not exceed $10,000 |
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