§3314 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Public building restrooms must have baby changing facilities that the Administrator finds safe, sanitary, and appropriate, unless a reasonable accommodation is needed under the Americans with Disabilities Act. The rule does not apply if the restroom is not open to the public, if clear signs point to a restroom with a changing table on the same floor, if adding one would require new construction that is not feasible, or to buildings not covered by alterations under section 3307. Definitions: "baby changing facility" = a table or device for changing diapers for a child age 3 or under. "Public building" = a building controlled by the General Services Administration's Public Building Service, as defined in section 3301.

Title 40, §3314

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) and subject to any reasonable accommodations that may be made for individuals in accordance with the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) restrooms in a public building shall be equipped with baby changing facilities that the Administrator determines are physically safe, sanitary, and appropriate.

(b)The requirement under subsection (a) shall not apply—

(1)to a restroom in a public building that is not available or accessible for public use;

(2)to a restroom in a public building that contains clear and conspicuous signage indicating where a restroom with a baby changing table is located on the same floor of such public building;

(3)if new construction would be required to install a baby changing facility in the public building and the cost of such construction is unfeasible; or

(4)to a building not subject to an alteration as set forth in section 3307.

(c)In this section:

(1)The term “baby changing facility” means a table or other device suitable for changing the diaper of a child age 3 or under.

(2)The term “public building” means a public building as defined in section 3301 and controlled by the Public Building Service of the General Services Administration.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Americans with Disabilities Act, referred to in subsec. (a), probably means the Americans with Disabilities Act of 1990, Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§ 12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 12101 of Title 42 and Tables.

Prior Provisions

A prior section 3314 was renumbered section 3315 of this title.

Statutory Notes and Related Subsidiaries

Applicability Pub. L. 114–235, § 2(c), Oct. 7, 2016, 130 Stat. 965, provided that: “The requirement under section 3314(a) of title 40, United States Code, shall apply in the case of a public building constructed, altered, or acquired by the Administrator of General Services on or after the date that is 1 year after the date of the enactment of this Act [Oct. 7, 2016], beginning on that date.”

§3314 Baby Changing Facilities in Restrooms