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NYS Mandates Diaper Changing Stations

As of January 1, 2019, all new or substantially renovated buildings in New York State that have bathrooms used by the public must make changing tables accessible to both men and women.

By By Carolyn D. Richmond, Glenn S. Grindlinger, and Alexander W. Bogdan

The law, passed in April 2018 as part of the state’s 2019 budget, requires that at least one changing table be available to both men and women on each floor of a building that has a public toilet. This New York State requirement mirrors one that went into effect in New York City in 2018.

As with the City law, the new State law does not define the term “substantially renovated.” However, the new State law does require the New York State Fire Prevention and Building Code Council to “prescribe the type of renovation to be deemed to be a substantial renovation for the purposes of this subdivision.” Accordingly, it is anticipated that the Council will issue regulations defining the term “substantially renovated.”

The new law also requires that in any building in which at least one diaper changing station is installed, a sign be conspicuously posted in each public toilet indicating the location of the nearest diaper changing station available to the gender using such public toilet. No signs are required in a public toilet room where a changing station has already been installed.

For more information about this alert, please contact Carolyn D. Richmond at 212.878.7983 or crichmond@foxrothschild.com, Glenn S. Grindlinger at 212.905.2305 or ggrindlinger@foxrothschild.com, or any member of the firm’s Labor and Employment Department.


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