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Home My WebLink AboutCity of Tamarac Ordinance O-2019-018 Temp. Ord. # 2413 September 25, 2019 Page 1 of 6 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2019- /4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 5 OF THE CITY'S CODE OF ORDINANCES, ENTITLED "BUILDINGS AND BUILDING REGULATIONS" BY SPECIFICALLY AMENDING ARTICLE II, ENTITLED "CONSTRUCTION STANDARDS," BY CREATING SECTION 5-36 ENTITLED "BABY CHANGING TABLE REQUIREMENTS"; PROVIDING REQUIREMENTS FOR THE INSTALLATION OF BABY CHANGING TABLES IN CERTAIN BUILDINGS; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATIONS AND REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, diaper-changing facilities are essential in childcare, and research conducted by diaper manufacturer Pampers revealed that nine (9) out of ten (10) fathers have utilized a public restroom lacking a baby changing table to change the soiled diaper of a child Today.com, June 10, 2019; and, WHEREAS, the American Academy of Pediatrics supports legislation that would require changing tables in both men's and women's public restrooms Healthychildren.org, June 7, 2019; and, WHEREAS, on October 7, 2016, President Barack Obama signed into law the Bathrooms Accessible for Babies in Every Situation (BABIES) Act (H.R. 5147) which requires federal buildings to provide diaper-changing facilities in both male and female restrooms; and, {00322068.5 2704-0501640} CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2413 September 25, 2019 Page 2 of 6 WHEREAS, the City of Tamarac ("City") does not currently require a baby- changing table in male restrooms; and, WHEREAS, fathers are forced to change their babies' diapers on a variety of unsanitary surfaces in public buildings such as restroom floors, sinks, and counters. This poses health and safety risks to the baby as well as to other individuals utilizing the restroom; and, WHEREAS, making baby changing tables equally accessible to men will help to secure and protect the health and safety of both infants and the City as a whole; and, WHEREAS, the City Commission of the City of Tamarac has determined that amending the City of Tamarac Code of Ordinances to require the inclusion of baby changing tables in certain commercial buildings is in the best interests of the health, safety, and general welfare of the citizens and residents of the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2: The City Commission of the City of Tamarac hereby amends Chapter 5 of the City's Code of Ordinances, entitled "Buildings and Building {00322068.5 2704-0501640} CODING: Words in ugh type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. #2413 September 25, 2019 Page 3 of 6 Regulations," Article II, entitled "Construction Standards," by creating a new Section 5-36 entitled "Baby Changing Table Requirements", as follows: 5-36 - Baby Changing Table Requirements. (a) Definitions. For the purposes of this section, the following definitions shall apply: Baby-Changing Table shall mean a safe, sanitary and convenient baby changing station, deck, table or similar amenity which is installed or placed in a separate, designated location in an Building subject to the provisions of this section for the purpose of changing an infant's or child's diaper or clothing. Building shall mean any of the following: 1. Theaters and Movie Theaters; 2. Sports arenas, complexes and stadiums; 3. Convention centers, auditoriums, cultural complexes and exhibition halls; 4. Public libraries; 5. Passenger terminals; 6. Permanent amusement park structures; 7. Restaurants with a seating capacity of at least fifty (50) seats serving food for consumption on premises, except where there is a Baby Changing Table within three hundred (300) feet of the entrance of the restaurants 8. Tourist attractions; 9. Shopping centers or shopping malls in excess of twenty-five thousand (25,000) square feet in size; and 10.Retail stores in excess of five-thousand (5,000) square feet in size. (b) A Baby Changing Table shall be installed in every Building, that is newly constructed or undergoes substantial renovation, in accordance with the below requirements, that has a restroom open to the public. As used in this Subsection, the term "substantial renovation" means any reconstruction, rehabilitation, addition, or other improvement that involves more than fifty percent (50%) of the gross floor area occupied by the Building, and that includes structural changes to any existing public restroom. {00322068.5 2704-0501640} 111 CODING: Words in strike-through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2413 September 25, 2019 Page 4 of 6 (c) Newly constructed Buildings and Buildings that have undergone a substantial renovation must adhere to at least the following requirements, 1. On each floor that contains a restroomithe Building must have at least one Baby Changing Table accessible to women and at least one Baby Changing Table accessible to men, or at least one Baby Changing Table accessible to both women and men. 2. The Building must have signage indicating the location of each Baby Changing Table. 3. For any Building that has a central directory and multiple establishments, such as a shopping center or shopping mall, the directory must indicate the location of all Baby Changinq Tables on the premises. (d) Exemption. Buildings are exempt from the requirements of this Section if the cost of installation of the required Baby Changing Table would exceed ten percent (10%) of the total construction or renovation costs. (e) Enforcement Penalties (1) The City's Building Department shall commence enforcing the provisions of this Article on December 1, 2019 (2) Penalties for violations of the provisions of this Article shall be enforced through the City's Building Department proceedings pursuant to Chapter 2, Article III, Section 2 of the City's Code of ordinances. (3) The enforcement procedures outlined herein shall not be deemed to be prerequisites to the enforcement of this Article by any other means, including, but not limited to, injunction, abatement or as otherwise provided by state, county, administrative, and/or local laws. (f) Applicability. The provisions of the Section shall be enforceable throughout the City. (00322068.5 2704-0501640} CODING: Words in 8#:4 h type are deletions from the existing <.' law; Words in underscore type are additions. Temp. Ord. ## 2413 September 25, 2019 Page 5 of 6 SECTION 3: It is the intention of the City Commission of the City of Tamarac, Florida that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, re-lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the remaining portions or applications remaining in full force and effect. SECTION 5: All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall become effective immediately upon adoption. [THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK] {00322068.5 2704-0501640} CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions. Temp. Ord. # 2413 September 25, 2019 Page 6 of 6 PASSED, FIRST READING this c3 DAY OF , 2019. PASSED, SECOND READING this 1/ 'DAY OF , 2019. BY: yAJ` : MA R MICHELLE J. GOMEZ AT l'EST RECORD OF COMMISSION VOTE: 1ST Reading ATRICIA'l'EUFE C C MAYOR GOMEZ CITY CLERK DIST 1: COMM. BOLTON DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN l �r DIST 4: V/M COMM. PLACKO G ,v RECORD OF COMMISSION VO l'E: 2%Reading MAYOR GOMEZ DIST 1: COMM. BOLTON !LG-,v- --►� DIST 2: COMM. GELIN DIST 3: COMM. FISHMAN DIST 4: V/M COMM. PLACKO I HEREBY CER 1'ili Y that I have approved this ORDINANCE as to form SAMUE CITY ATTORNEY {00322068.5 2704-0501540} CODING: Words in strikestFike-thr-ough type are deletions from the existing 111 ,.. law; Words in underscore type are additions.