Revision: April 2, 2019, 10:58 a.m.
HB 628-FN - AS AMENDED BY THE HOUSE
19Mar2019... 0929h
2019 SESSION
19-0502
01/10
HOUSE BILL 628-FN
AN ACT relative to universal changing stations in certain places of public accommodation.
SPONSORS: Rep. Le, Rock. 31; Rep. McBeath, Rock. 26; Rep. Chase, Straf. 18; Rep. Berch, Ches. 1
COMMITTEE: Commerce and Consumer Affairs
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AMENDED ANALYSIS
This bill requires universal changing stations for use by persons with physical disabilities to be installed in places with the capacity to serve 1,500 or more persons per day. The bill includes a contingent repeal of the statutory requirement if the building code review board includes the requirement in the state building code.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19Mar2019... 0929h 19-0502
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to universal changing stations in certain places of public accommodation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Universal Changing Stations. Amend RSA 155 by inserting after section 78 the following new subdivision:
Universal Changing Stations
155:79 Definitions. In this subdivision:
I. "Physical disability" means a condition of physical incapacitation due to a developmental disability, organic brain damage, or mental illness or one or more physical or mental limitations that restricts a person's ability to perform the normal activities of daily living.
II. "Public building or facility" means any establishment with the capacity to serve 1,500 or more persons per day, including, but not limited to, places of exhibition or entertainment, including movie theaters, theaters, concert halls, sports arenas, and stadiums; shopping centers, shopping malls, or stores of at least 40,0000 square feet; places of public display or collection, including museums, libraries, and galleries; places of recreation, including parks, zoos, and amusement parks; airports; bus stations; Interstate rest stops; places of education; hospitals; and rehabilitation centers.
III. "Universal changing station" means an enclosed family or assisted-use toilet facility containing a powered height adjustable adult changing table that is either floor or wall mounted with a safety rail and can be used by a person of either sex, with his or her care provider, for personal hygiene purposes.
155:80 Universal Changing Station Required.
I. A person, private firm, organization, corporation, or state government that operates a public building or facility shall install and maintain at least one universal changing place in a family restroom facility for persons of either sex who have a physical disability.
II.(a) The universal changing station shall measure at least 8 feet by 10 feet and per Americans with Disabilities Act governance and rules, adequate space for an electronic/full adult-sized wheelchair to maneuver; be equipped with a powered, height adjustable adult changing table, a waste receptacle, a toilet, a lavatory, a soap dispenser, and a paper towel dispenser; and comply with current Americans with Disabilities Act accessibility standards.
(b) The powered, height adjustable adult changing table in the universal changing place shall:
(1) Be able to lower to a height of no less than 8 inches and raise to height of no less than 34 inches.
(2) Be at least 25 inches wide by 72 inches in length.
(3) Support up to at least 350 pounds.
(c) The entrance to each universal changing station in the family restroom facility shall have accessible signage indicating the location of the changing place, and, if the building or venue has a central directory, the owner shall ensure that the central directory indicates the location of the universal changing station.
III. This subdivision shall apply to any public building or facility that is open to the public and is built on or after January 1, 2021.
2 Repeal. The subdivision heading preceeding RSA 155:79 and RSA 155:79, relative to universal changing stations in certain places of public accommodation, are repealed.
3 Contingency. Section 2 of this act shall take effect on the date that the chairperson of the building code review board certifies to the director of the office of legislative services that, pursuant to RSA 155-A:10, V, the state building code review board has adopted, and the legislature has ratified, a rule to amend the state building code that incorporates the requirements of RSA 155:79. If the board does not adopt such a rule, or such a rule is not ratified by the legislature, section 2 of this act shall not take effect.
I. Section 2 of this act shall take effect as provided in section 3 of this act.
II. The remainder of this act shall take effect 60 days after its passage.
19-0502
Amended 4/2/19
HB 628-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2019-0929h)
AN ACT relative to universal changing stations in certain places of public accommodation.
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill inserts a new subdivision after RSA 155:78 requiring all buildings open to the public which meet certain criteria and are constructed on or after January 2021 to install at least one universal changing station in a family restroom. This bill also repeals section two of the bill if the Building Code Review Board adopts a rule to amend the Building Code to require universal changing stations. There is insufficient information to estimate costs to the state, counties, and municipalities as it is contingent upon the number of buildings these entities would be constructing which meet the criteria requiring installation of a universal changing station. There would be an indeterminable increase to state, county, and local expenditures beginning in the second half of FY 2021 to the extent future construction meets the criteria stipulated in the bill.
AGENCIES CONTACTED:
Department of Health and Human Services and Department of Administrative Services