Pennsylvania HB 1558: An Act requiring baby diaper changing stations in certain public buildings when a restroom is installed or renovated; and imposing penalties.

Bill Text

PRIOR PRINTER'S NO. 1842 PRINTER'S NO. 2543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1558
Session of
2025
INTRODUCED BY CONKLIN, HILL-EVANS, HOHENSTEIN, SANCHEZ, MAYES,
GIRAL, WAXMAN, OTTEN, RIVERA, FLEMING, MADDEN, NEILSON,
CEPEDA-FREYTIZ AND MULLINS, JUNE 4, 2025
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 29, 2025
AN ACT
Requiring baby diaper changing stations in certain public
buildings when a restroom is installed or renovated; and
imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Baby Diaper
Changing Station Accessibility Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Baby diaper changing station." A table or other device
suitable for changing the diaper of a child under three years of
age.
"Department." The Department of Labor and Industry of the
Commonwealth.
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"Public building." One of the following:
(1) A building or appurtenance to a building that is
built in whole or in part with public money and is open to
the public.
(2) A retail store of more than 5,000 square feet that
contains a restroom open to the public.
(3) A restaurant that has an occupancy of at least 60
persons as determined by the State Fire Commissioner and
contains a restroom that is open to the public.
"Responsible authority." An organization, office or
individual responsible for enforcing the requirements of a code
or standard or for approving equipment, materials, an
installation or procedure.
"SCHOOL ENTITY." A SCHOOL DISTRICT, CYBER CHARTER SCHOOL,
CHARTER SCHOOL, REGIONAL CHARTER SCHOOL, AREA CAREER AND
TECHNICAL SCHOOL OR INTERMEDIATE UNIT.
"SECRETARY." THE SECRETARY OF LABOR AND INDUSTRY OF THE
COMMONWEALTH.
"Totally renovated." Performing 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.
Section 3. Installation of baby diaper changing stations.
(a) Changing station installation.--A baby diaper changing
station shall be installed and maintained:
(1) in each public building with restrooms open and
accessible to the public when a restroom is constructed and
becomes accessible to the public; or
(2) when an existing restroom is totally renovated and
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becomes accessible to the public.
(b) Accessibility.--To provide for accessibility, baby
diaper changing stations shall be:
(1) Installed regardless of the gender for which the
restroom is designated.
(2) In accordance with the standards for accessible
design under 28 CFR Ch. 1 Pts. 35 (relating to
nondiscrimination on the basis of disability in state and
local government services) and 36 (relating to
nondiscrimination on the basis of disability by public
accommodations and in commercial facilities).
(3) Maintained in a safe and sanitary condition.
(c) Signage.--A public building that includes a baby diaper
changing station in the restrooms shall provide signage at or
near the entrance of the restroom indicating the location of the
baby diaper changing station.
(d) Prohibition.--This act does not establish a private
right of action for failure to comply with this section or rules
or regulations issued or promulgated in accordance with this
section.
Section 4. Exceptions.
(a) Waiver.--The responsible authority may grant an
exemption from the requirements of this act if at least one of
the following is met:
(1) The installation would not be feasible.
(2) The installation would result in a failure with the
standards for accessible design under 28 CFR Ch. 1 Pts. 35
(relating to nondiscrimination on the basis of disability in
state and local government services) and 36 (relating to
nondiscrimination on the basis of disability by public
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accommodations and in commercial facilities).
(3) The installation would threaten or destroy the
historic significance of a historic property.
(b) Applicability.--Section 3 shall not apply to:
(1) An industrial building, nightclub, bar or other
business that does not permit anyone who is under 18 years of
age to enter the premises.
(2) A restroom located in a health care facility, if the
restroom is intended for the use of one patient or resident
at a time.
(3) A gym, fitness center, health spa or similar place
used for exercise or recreation.
(4) A restroom located in a room rented to the public in
an inn, hotel, motel or other place of lodging.
(5) A RESTROOM LOCATED ON THE PROPERTY OF A SCHOOL
ENTITY.
Section 5. Penalt