o0053-17

AMENDED IN COMMITTEE FILE NO. 161353 2/22/2017 ORDINANCE NO. 53-17 [Various Codes - Baby Diaper-Changing Accommodations] Ordinance replacing a provision of the Planning Code with a new provision of the Administrative Code requiring all City buildings that are accessible to available for use by the public to install and maintain at least one baby diaper-changing accommodation that is accessible toavailable for use by women and one that is accessible toavailable for use by men, or a single diaper-changing accommodation that is accessible toavailable for use by all genders; amending the Police Code to require businesses that make a baby diaper-changing accommodation available in a restroom accessible toavailable for use by women to also install and maintain a baby diaper-changing accommodation in a restroom accessible toavailable for use by men or accessible toavailable for use by all genders; and amending the Building Code to require that new public-serving establishments, and substantially renovated public-serving establishments with substantially renovated toilet rooms, install baby diaper-changing accommodations; making findings, including environmental findings, findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings under the California Health and Safety Code regarding building standards; and directing the Clerk to forward this Ordinance to the California Building Standards Commission. upon final passage. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times }kw Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 1 Section 1. Environmental and Planning Code Section 302 Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 161353 and is incorporated herein by reference. The Board affirms this determination. (b) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this Planning Code amendment will serve the public necessity, convenience, and welfare for the 1 O reasons set forth in Planning Commission Resolution No. 19855, and the Board incorporates such reasons herein by reference. Section 2. Pursuant to Charter Section 03.750-5, the Building Inspection Commission considered the Building Code amendment contained in Section 8 of this ordinance at a duly noticed public hearing held on February 15, 2017. Section 3. Findings under the California Health and Safety Code. The Board of Supervisors hereby finds that this ordinance does not modify a State "building standard," as that term is defined in Section 18909 of the California Health and Safety Code. Therefore, the finding of local climactic, geological, or topographical conditions required by Sections 18941.5 and 17958.7 is not required. Section 4. Name, Background, and Findings. (a) This ordinance shall be known as the San Francisco Bathrooms Accessible for Babies in Every Situation (BABIES) Ordinance. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 2 (b) San Francisco prides itself on being a family-friendly city and a leader on issues of gender equality. This ordinance continues in that tradition. (c) On October 7, 2016, President Barack Obama signed into law the Bathrooms Accessible for Babies in Every Situation (BABIES) Act (H.R. 5147). The law requires federal buildings to provide diaper-changing facilities in both male and female restrooms. San Francisco must build on the momentum that the federal government has established, to assure adequate diaper-changing facilities in both our public and private buildings. (d) Diaper-changing facilities are essential in childcare. According to a national study, 77% of parents with children under 6 years of age have used diaper-changing facilities; 1 O among them, 34% have used diaper-changing stations six or more times per month. (e) Making diaper-changing facilities accessible to men is an essential step in the journey toward gender equality in child care. Currently, fathers must change their babies' diapers on a variety of unsanitary surfaces in public and private buildings, such as sinks, restroom floors, and counters. Not only does this pose health and safety risks to the baby, it also poses health risks to all other bathroom patrons. Making diaper-changing facilities equally accessible to men will help to secure and protect the health and safety of infants, and our population as a whole, while also encouraging a family-friendly environment in both public and private facilities. (f) A growing number of fathers are choosing to stay home with their children, either on a long-term basis or for shorter periods of time. In addition to enhancing public health and safety, this ordinance, by making diaper-changing facilities equally accessible to men, will assist in breaking down stereotypes about gender roles regarding responsibility for childcare, and will support Gay, Bisexual and Transgender families. Section 5. The Planning Code is hereby amended by deleting Section 168, as follows: Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 3 SEC. 168. BABYDL4PER CHANGL~lGACCOAfAIODATIONSREQUIRED. (aJ Definitions. (1) "Public Serving Establishment. "A Public Serving Establishment shall be defined as: 64J a ne',v Hospital, Health Services Use, or a Social Service or Philanthropic Facility as defined in Section 102 (}fthe Planning Code, or a new hospital or medical center as defined in Sections 790. 44 and 890. 44 ofthe Planning Code, fer which a buildingpermit is issued on or at least six months after the effective date of this Section, unless the building will not be accessible to the public; (BJ a new Retail Sales and Senices use or Retail Entertainment and Recreation use as defined in Section 102 ofthe Planning Code that is 5, 000 square feet or more in size fer ·which a building permit is issued on or at least six months after the effective date of this Section, unless the building will not be accessible to the public and; (CJ a new Amusement Game Arcade, Eating and Drinking use, Institution, Other Lar$, Institution, Other Small, A/ovie Theater, Sales and Service, Other Retail, or Sales and Service Retail use, as d<7fined in Articles 7 and 8 of the Planning Code, that is 5, 000 square feet or more in size for which a buildingpermit is issued on or at least six months after the effective date o.fthis Section, unless the building will not be accessible to the public; and (DJ a new library operated by the San Francisco Public Library, or a new, publicly accessible, facility operated by the Department of Re creation and Parks 'tvithin the City for rvhich final City approvals ha',;e been given on or at least six months after the effective date o.f this Section. (2J "Substantially Renovated." Any construction or renovation project that has an estimated cost of at least $50, 000. 00 for which a buildingpermit is issued or, in the case of City owned structures, for which final City approval is given, to any of the uses listed in Subsection (a)(l) above, ,.-' which were existing as o,fthe effectiile date o,fthis Section, or vr1hich were completed on or at least six months after the <7.ffective date o,fthis Section. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page4 (3) "Baby Diaper Changing Accommodation. "A safe, sanitary and convenient baby diaper changing station, deck table or similar amenity that is installed or placed in a separate, designated location in a Public Scn•ing Establishment subject to the provisions of this Section. Such accommodations may include, but arc not limited to, stations, decks and tables in women's and men's restrooms or unisex/family restrooms. (b) Baby Diaper Changing Accommodations Required. Every Public Serving Establishment or Substantially Renovated Public Serving Establishment, as defined in this Section, shall be required to provide and maintain Baby Diaper Changing Accommodations in accordtmcc with the requirements of this Section. 1 O (c) Installation &/Baby Diaper Changing Accommodations. Each }lcw Public Serving Establishment or Substantially Renovated Public Serving Establishment shall be required to install and maintain, at each floor level containing restrooms accessible to the public, at least one Baby Diaper Changing Accommodation that is accessible to women and one that is accessible to men, or a single Diaper Changing Accommodation that is accessible to both. Each Establishment shall provide signagc at or near its entrance indicating the location o.fthc Baby Diaper Changing Accommodations. Any ~Vew Public Serving Establishment or Substantially Renovated Public Serving Establishment encompassing multiple establishments and having a central directory shall indicate on the directory the location &j all such accommodations. (d) Laws Relating to Access For the Disabled. The installation ofall Baby Diaper Changing Accommodations shall comply with local, State, or Federal laws relating to access to the disabled. In the event that it is determined by Zoning Administrator, in consultation H 1ith the Director of the Department o.fBuilding Inspection or his or her designee, that a Substantially Renovated Public Serving Establishment cannot install the Baby Diaper Changing Accommodations required by this Section and comply ·with local, State, or Federal laws relating to access to the disabled, the Zoning Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 5 Administrator may waive the requirements of this Section for that Substantially Renm;atcd Public Serving Establishment. Section 6. The Administrative Code is hereby amended by adding Section 4.1-4, to read as follows: SEC. 4.1-4. BABY DIAPER-CHANGING ACCOMMODATIONS IN BUILDINGS ON CITY-OWNED OR LEASEDCITY-OCCUPIED LAND. (a) This Section 4.1-4 shall apply to all buildings on land owned by the City and County of San Francisco ("City") and all buildings that are leased to Of-by the City. and available for use by the 1 O public (collectively, "public buildings"), whether such buildings are new or existing. For existing public buildings, the City department or agency with jurisdiction over the building shall have 81*12 months from the effective date ofthis Section 4.1-4 to comply with the requirements-:; provided nothing in this Section 4.1-4 shall be interpreted or applied so as to violate or impair an existing contract or lease. {QLUnless not allrnNed by an existing lease, eaeh publie building shall be required toEach City department or agency with jurisdiction over a public building shall install and maintain, at each floor level in the public building that includes eontaining restrooms aeeessible toavailable for use by the public, at least one Baby Diaper-Changing Accommodation that is aeeessible toavailable for use by women and one that is aeeessible toavailable for use by men, or a single Diaper-Changing Accommodation that is aeeessible toavailable for use by all genders. For purposes ofthis Section 4.1-4, a Baby Diaper-Changing Accommodation means a safe. sanitary, and convenient baby diaper-changing station, desk table, or similar amenity. Such accommodations may include, but are not limited to, work surfaces. stations, decks, and tables in women's and men's restrooms or all-gender restrooms. Each public building shall provide signage at or near its entrance indicating the location of the Baby Diaper-Changing Accommodations. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page6 (c) The installation of all Babv Diaper-Changing Accommodations shall comply with -leealCity._ State, and Federal laws relating to access to persons with disabilities. If the Director of the Department of Building Inspection or his or her designee determines that a public building subject to this Section 4.1 4 cannot install the Baby Diaper Changing Accommodations required by this Section and comply •.vith local, State, or Federal lmvs relating to access to persons with disabilities, including Section 11 B 226.4 of the California Building Code, or that installation of the Baby Diaper Changing Accommodation is otheF\vise infeasible due to spatial or structural limitations, the Director of the Department of Building Inspection, or his or her designee, may waive the requirements of this Section for that public building. 1 O (d) Waivers. (1) For public buildings that are leased to and occupied by the City. the requirements of this Section 4.1-4 may be waived if the Director of the Department of Building Inspection or his or her designee, in consultation with the Mayor's Office on Disability. determines that the building cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with City. State, or Federal laws relating to access to persons with disabilities. including Section 11 B-226.4 of the California Building Code. or that installation of the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural limitations. (2) For public buildings that are under the jurisdiction and control of a City department. the requirements of this Section 4.1-4 may be waived if the department head, in consultation with the Director of the Department of Building Inspection and the Mayor's Office on Disability. determines that the public building cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with City. State, or Federal laws relating to access to persons with disabilities, including Section 11 B-226.4 of the California Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 7 Building Code. or that installation of the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural limitations. (3) For all other public buildings. the requirements of this Section 4. 1-4 may be waived if the Director of Administrative Services. in consultation with the Director of the Department of Building Inspection and the Mayor's Office on Disability. determines that the public building cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with City. State. or Federal laws relating to access to persons with disabilities. including Section 11 B-226.4 of the California Building Code. or that installation of the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural 1 O limitations. Section 7. The Police Code is hereby amended by adding Section 3305.4 and revising Section 3307, to read as follows: SEC. 3305.4. BABY DIAPER-CHANGING ACCOMMODATIONS. (a) Definitions. For purposes of this Section 3305.4, the fOllowing definitions shall apply: (1) "Business establishment" shall have the same meaning as in Section 3813(b) of this Code. (2) "Public accommodation" shall have the same meaning as in Title III o[the Americans with Disabilities Act ofl 990, 42 US.C. Section 12181 (7), and the federal regulations adopted thereunder, as either are amended from time to time. (3) "Baby Diaper-Changing Accommodation" shall mean a safe. sanitary, and convenient baby diaper-changing station, deck table, or similar amenity that is installed or placed in a separate, designated location in a Business Establishment or Public Accommodation subject to the provisions of this Section. Such accommodations may include, but are not limited to, work surfaces. stations, decks, and tables in women's and men's restrooms or all-gender restrooms. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 8 (b) Requirement. All Business Establishments and Public Accommodations that maintain a Baby Diaper-Changing Accommodation in a restroom aceessible toavailable for use by women shall also install and maintain a Baby Diaper-Changing Accommodations in a restroom aeeessible teavailable for use by men or in a restroom aeeessible toavailable for use by all genders. The installation of a Baby Diaper-Changing Accommodation shall comply with City. State. and Federal laws relating to access to persons with disabilities. (c) The Director ofthe Department of Building Inspection, or his or her designee, shall waive compliance with th-is-subsection (b) upon determining that a Business Establishment or Public Accommodation subject to this Section 3305.4 cannot install the Baby Diaper-Changing Accommodations required by this Section and comply with -looatCity. State, or Federal laws relating to access to persons with disabilities, including Section 11B-226.4 o[the CalifOrnia Building Code, or that installation o[the Baby Diaper-Changing Accommodation is otherwise infeasible due to spatial or structural limitations. fet(d) Time (or Compliance. (1) Existing Businesses and Public Accommodations. Business Establishments and Public Accommodations that are subject to this Section 3305.4 and in existence as o[the effective date of this Section shall have 5*12 months from the effective date of this Section to come into compliance by installing and maintaining a Baby Diaper-Changing Accommodation in a restroom aeeessible teavailable for use by men or aeeessible toavailable for use by all genders, if one is not alreadv installed and maintained. (2) New Businesses and Public Accommodations. New Business Establishments and Public Accommodations that choose to install and maintain a Baby Diaper-Changing Accommodation in a restroom aecessible toavailable for use by women shall also install and maintain a Baby Diaper-Changing Accommodation in a restroom aeeessible toavailable for use by men or aeeessible toavailable for use by all genders immediately upon opening to the public. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 9 (El-~) Contractual obligations. Nothing in this Section 3305.4 is intended to interfere with any contractual obligations between the owner of a building in which a Business Establishment or Place of Public Accommodation is located, and any lessee of space within the building. SEC. 3307. ENFORCEMENT. (a) Human Rights Commission. Any person who believes that he or she has been discriminated against in violation of Sections 3303, 3305, 3305.2, &-3305.3. or 3305.4 of this Article 33 may file a complaint with the Human Rights Commission, which shall serve as a request to have the Commission investigate and mediate the complaint pursuant to Section 12A.5 of the Administrative Code. * * * * (f) Responsibilities of the Department of Building Inspection. Upon complaint from a member of the public or employee of a business establishment or place of public accommodation, or receipt of a request from the Human Rights Commission, the Department of Building Inspection shall inspect the business establishment or place of public accommodation, if subject to Section 3305.3 or 3305.4, and determine if the business establishment or place of public accommodation is in compliance with the requirements. In addition, during the course of any regularly-scheduled interior inspection of a business establishment or place of public accommodation subject to Section 3305.3 or 3305.4, the Department shall verify compliance with the requirements. Any business establishment or place of public accommodation found not to be in compliance with the requirements shall be deemed to be in violation of the Building Code and the Building Official is authorized to abate the violation in accordance with Section 102A of the Building Code. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 10 Section 8. The Building Code is hereby amended by adding new Section 1210.4, to read as follows: 1210.4. Baby diaper-changing accommodations. At least one Baby Diaper-Changing Accommodation that is open and available [or use by women and one that is open and available for use by men, or a single Baby Diaper-Changing Accommodation that is open and available for use by be#lall genders. shall be installed and maintained in a newly constructed or substantially renovated Public Service Establishment at each floor level containing a toilet room accessible toavailable for use by the public. Exceptions: 1. A Baby Diaper-Changing Accommodation shall not be required i[the Building Official, or his or her designee, determines that it cannot be installed and comply with -leealCity. State, or Federal ' laws relating to access to persons with disabilities, including Section 11B-226.4 ofthis Code. 2. A Baby Diaper-Changing Accommodation shall not be required i[the Building Official, or his or her designee, determines that the installation is infeasible due to spatial or structural limitations. 1210.4.1 Definitions. For purposes of this Section 1210. 4. the following definitions shall apply. "Baby Diaper-Changing Accommodation" shall mean a safe, sanitary, and convenient baby diaper-changing station, deck table, or similar amenity that is installed or placed in a separate, designated location in a toilet room accessible the public. Such accommodations may include, but are not limited to, work surfaces, stations. decks. and tables in women's andmen's toilet rooms or all-gender toilet rooms. "Public Service Establishment" shall mean a facility as specified in Subsections (2). (3), (4), (5), (6). (7). (8). (9). (10), (11l.afl€1--.Q11. and (13)o[thedefinitiono[Placeo[Public Accommodation in Chapter 2 of this Code-:. but shall not include any such facility where entrv by minors is prohibited by law. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 11 "Substantially Renovated" shall be limited to renovation of a toilet room, and shall mean any addition, alteration, or repair project to toilet rooms, performed under a building permit with a cost of construction 0($50,000 or more for renovation of one or more toilet rooms. 1210.4.2. Signage. Each Public Service Establishment subject to Section 1210.4 shall provide signage at or near its entrance stating "Baby Diaper-Changing Accommodation Inside." This signage shall be posted in compliance with Section 11 B-216.2 of this Code. In a building encompassing multiple establishments and having a central directory, the location of all such accommodations shall be indicated on the directory. 1210.4.3. Nothing in this Section 1210.4 shall be construed as requiring or 1 O authorizing (1) a reduction in the number of toilet facilities that are required by Title 24 of the California Code of Regulations or (2) a reduction in the number of toilet facilities accessible to persons with disabilities that are otherwise required under either Title 24 of the California Code of Regulations or the Federal Americans with Disabilities Act. Section 9. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 10. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. Supervisors Tang; Yee, Ronen, Sheehy, Farrell BOARD OF SUPERVISORS Page 12 Section 11. Undertaking for the General Welfare. In enacting and implementing this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. Section 12. No Conflict with Federal or State Law. Nothing in this ordinance shall be g interpreted or applied so as to create any requirement, power, or duty in conflict with any 1 O federal or state law. Section 13. Directions to Clerk. The Clerk of the Board of Supervisors is hereby directed to forward a copy of this ordinance to the California Building Standards Commission upon final passage. APPROVED AS TO FORM: DENNIS J-t:!ERRERA, Cit Attorney By: nne Pearson Deputy City Attorney n:\legana\as2016\ 1700221\01172492.docx Supervisor Tang BOARD OF SUPERVISORS Page 13 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 161353 Date Passed: March 07, 2017 Ordinance replacing a provision of the Planning Code with a new provision of the Administrative Code requiring all City buildings that are available for use by the public to install and maintain at least one baby diaper-changing accommodation that is available for use by women and one that is available for use by men, or a single diaper-changing accommodation that is available for use by all genders; amending the Police Code to require businesses that make a baby diaper-changing accommodation available in a restroom available for use by women to also install and maintain a baby diaper-changing accommodation in a restroom available for use by men or available for use by all genders; and amending the Building Code to require that new public-serving establishments, and public-serving establishments with substantially renovated toilet rooms, install baby diaper-changing accommodations; making findings, including environmental findings, findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings under the California· Health and Safety Code regarding building standards; and directing the Clerk to forward this Ordinance to the California Building Standards Commission upon final passage. February 22, 2017 Public Safety and Neighborhood Services Committee -AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE February 22, 2017 Public Safety and Neighborhood Services Committee - RECOMMENDED AS AMENDED February 28, 2017 Board of Supervisors - PASSED, ON FIRST READING Ayes: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang and Yee March 07, 2017 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 10 - Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang and Yee Excused: 1 - Kim Page6 Printed at 3:03 pm 011318117 File No. 161353 Mayor City and County of San Francisco /l / ; Page 7 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/7/2017 by the Board of Supervisors of the City and County of San Francisco. r Date Approved Printed at 3:03 pm 011 318117