Heads up: There are no amended sections in this chapter.
This appendix establishes standards for the installation of diaper changing stations in all newly constructed buildings that have one or more areas classified as Assembly Group A occupancies or Mercantile Group M occupancies and in all existing buildings that have one or more areas classified as Assembly Group A occupancies or Mercantile Group M occupancies and undergo a substantial renovation.
This appendix implements the provisions of subdivisions 16 and 17 of Section 378 of the Executive Law, as added by Chapter 58 of the Laws of 2018.

In this appendix, the following terms shall have the following meanings:

[NY] 2009 ICC A117.1. The 2009 edition of the publication entitled ICC A117.1, Accessible and Usable Buildings and Facilities (publication date 2010) published by the International Code Council, Inc.

[NY] Building Code of New York State. The 2020 edition of the publication entitled "Building Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

[NY] Existing Building Code of New York State. The 2020 edition of the publication entitled "Existing Building Code of New York State," published by the International Code Council, Inc. (publication date November 2019).

[NY] Approved. Acceptable to the building official or authority having jurisdiction.

[NY] Assembly Group A occupancy. An Assembly Group A occupancy as described in Section 303 of the Building Code of New York State.

[NY] Diaper changing station. A diaper changing station, deck, table, or similar amenity that is in intended for use by the public for the purpose of changing diapers on children weighing not more than 50 pounds.

[NY] Existing building. A building constructed before January 1, 2019. For the purposes of this appendix, where a substantially complete application for a permit for the original construction of a building has been submitted to the authority having jurisdiction before January 1, 2019, such building shall be deemed to have been constructed before January 1, 2019 and, accordingly, shall be deemed to be an existing building.

[NY] Historic Building. Any building or structure that is one or more of the following:

  1. Listed, or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places.
  2. Designated as historic under an applicable state or local-law.
  3. Certified as a contributing resource within a National Register, state designated or locally designated historic district.

[NY] Level 2 or Level 3 alteration. An "alteration" (as defined in the Existing Building Code of New York State) that is either a Level 2 alteration (as described in Section 603 of the Existing Building Code of New York State) or a Level 3 alteration (as described in Section 604 of the Existing Building Code of New York State).

[NY] Mercantile Group M occupancy. A Mercantile Group M occupancy as described in Section 309 of the Building Code of New York State.

[NY] Newly constructed building. A building constructed on or after January 1, 2019. For the purposes of this appendix, where a substantially complete application for a permit for the original construction of a building has been submitted to the authority having jurisdiction on or after January 1, 2019, such building shall be deemed to have been constructed on or after January 1, 2019 and, accordingly, shall be deemed to be a newly constructed building.

[NY] Public family or assisted-use toilet room. A family or assisted-use toilet room as described in Section 1109.2.1 of the Building Code of New York State that is intended for use by customers and patrons of and visitors to an area classified as an Assembly Group A occupancy or Mercantile Group M occupancy.

[NY] Public toilet room. A room containing public toilet facilities intended for use by customers and patrons of and visitors to an area classified as an Assembly Group A occupancy or Mercantile Group M occupancy. The term "public toilet room" includes public family or assisted-use toilet room, a public toilet room available for use by both sexes (hereinafter referred to as a "unisex public toilet room"), a public toilet room available for use only by males (hereinafter referred to as a "male public toilet room"), and a public toilet room available for use only by females (hereinafter referred to as a "female public toilet room"). A room that meets the definition of "public toilet room" in this subdivision will continue to be deemed to be a public toilet room for the purposes of this appendix even if such room contains both employee toilet facilities and public toilet facilities.

[NY] Substantial renovation. The term "Substantial renovation" means one or more of the categories of work described in Section D104.2 of this appendix.

In all newly constructed buildings that have one or more areas classified as an Assembly Group A occupancy or Mercantile Group M occupancy, at least one safe, sanitary, and convenient diaper changing station available for use by both male and female occupants (or at least one such diaper changing station available for use by male occupants and at least one such diaper changing station available for use by female occupants) shall be provided on each floor level containing a public toilet room.

Except as otherwise provided in Sections 104.3 and 104.4 of this appendix, in an existing building that undergoes work in any one or more of the categories described in this subdivision and has, upon completion of such work, one or more areas classified as an Assembly Group A occupancy or Mercantile Group M occupancy, safe, sanitary, and convenient diaper changing stations shall be provided as follows:

  1. In the case of the construction or installation of a new public family or assisted-use toilet room or a new unisex public toilet room, at least one such diaper changing station shall be provided in the newly constructed or installed public family or assisted-use toilet room or unisex public toilet room.
  2. In the case of the construction or installation of a new male public toilet room and a new female public toilet room on the same floor level, at least one such diaper changing station shall be provided in the newly constructed or installed male public toilet room and at least one such diaper changing station shall be provided in the newly constructed or installed female public toilet room.
  3. In the case of a Level 2 alteration of an existing public family or assisted-use toilet room, an existing unisex public toilet room, or an existing male public toilet room and an existing female public toilet room that are both on the same floor level, at least one such diaper changing station shall be provided in each public toilet room undergoing the Level 2 alteration.
  4. In the case of a Level 3 alteration of an existing building where the work area includes an existing public family or assisted-use toilet room, an existing unisex public toilet room, or an existing male public toilet room and an existing female public toilet room that are both on the same floor level, at least one such diaper changing station shall be provided in each public toilet room included in the work area of the Level 3 alteration.
  5. In the case of work that does not fall in any category described in Items 1, 2, 3, or 4 of this subdivision; is a Level 2 or Level 3 alteration of an existing building; and has a work area that includes at least 50 percent of the area of an Assembly Group A occupancy or Mercantile Group M occupancy, safe, sanitary, and convenient diaper changing stations shall be provided as follows:

    1. 5.1. Where such Assembly Group A occupancy or Mercantile Group M occupancy is served by an existing public family or assisted-use toilet room and a diaper changing station can be provided in such existing public family or assisted-use toilet room without having to reconfigure the space therein or increase the floor area thereof, at least one such diaper changing station shall be provided in such existing public family or assisted-use toilet room.
    2. 5.2. Where such Assembly Group A occupancy or Mercantile Group M occupancy is served by an existing unisex public toilet room and a diaper changing station can be provided in such existing unisex public toilet room without having to reconfigure the space therein or increase the floor area thereof, at least one such diaper changing station shall be provided in such existing unisex public toilet room.
    3. 5.3. Where such Assembly Group A occupancy or Mercantile Group M occupancy is served by an existing male public toilet room and an existing female public toilet room that are both on the same floor level and a diaper changing station can be provided in both of such existing public toilet rooms without having to reconfigure the space in or increase the floor area of either of such existing public toilet rooms, at least one such diaper changing station shall be provided in such existing male public toilet room and at least one such diaper changing station shall be provided in such existing female public toilet room.
Notwithstanding any provision of Section D104.2 to the contrary, if an existing building undergoes work in any category described in Section D104.2, not more than one diaper changing station available for use by both male and female occupants (or one diaper changing station available for use by male occupants and one diaper changing station available for use by female occupants) shall be required on any floor level.
Notwithstanding any provision of Section D104.2 to the contrary, if an existing building undergoes work in any category described in Section D104.2 and a substantially complete application for a permit for such work has been submitted to the authority having jurisdiction before January 1, 2019, the requirements of Section D104.2 shall not apply to such work.
All diaper changing stations shall comply, at a minimum, with the accessibility requirements of Section 603.5 (Diaper Changing Tables) of the 2009 edition of ICC A117.1.
All diaper changing stations shall be designed for use with children weighing up to 50 pounds (22.7 kg) and shall include a child restraint system.
Commercially manufactured wall-mounted or recessed diaper changing stations listed and labeled as complying with ASTM F2285 — 04(2016)e1 (Standard Consumer Safety Performance Specification for Diaper Changing Tables for Commercial Use), shall be approved, and shall be installed in accordance with the manufacturer's installation instructions, the requirements of this appendix, and any and all other applicable requirements of the Uniform Code.
Commercially manufactured countertop diaper changing stations shall be approved and shall be installed in accordance with the manufacturer's installation instructions, the requirements of this appendix, and any and all other applicable requirements of the Uniform Code.
Non-commercially manufactured diaper changing stations shall be approved and shall be constructed and installed in accordance with the requirements of this appendix and any and all other applicable requirements of the Uniform Code.
In each building that has one or more areas classified as an Assembly Group A occupancy or Mercantile Group M occupancy and in which at least one diaper changing station is installed on or after January 1, 2019 (whether voluntarily, or pursuant to this appendix, or pursuant to any other applicable law), each public toilet room that does not have a diaper changing station shall be provided with a sign indicating the location of the nearest diaper changing station that is available for use by the gender using such public toilet room. Where a diaper changing station is not available for use by a gender in a building, no such sign shall be required in or adjacent to each public toilet room by the gender using such public toilet room. Such signs shall be readily visible, shall be posted in a conspicuous place in or adjacent to the public toilet room, and shall comply with Section 703.2 (Visual Characters) of the 2009 edition of ICC A117.1. No such sign shall be required in or adjacent to a public toilet room in which any diaper changing station is located.
Diaper changing stations installed in any building (whether voluntarily, or pursuant to this Appendix, or pursuant to any other applicable law) shall be maintained in a safe, sanitary, and working condition.
Historic buildings are exempt from the requirements of this Appendix except the requirements of Sections D106 and D107.
UpCodes Premium
Leverage the most sophisticated code compliance platform.
TRY FREE FOR TWO WEEKS VISIT PRICING