TITLE
ORDINANCE REQUIRING BABY DIAPER-CHANGING ACCOMMODATIONS IN CERTAIN NEW ESTABLISHMENTS AND USES; PROVIDING DEFINITIONS AND EXEMPTIONS; PROVIDING FOR CIVIL PENALTIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section ___________ of Article III of Chapter 8A of the Code of Miami-Dade County, Florida, is hereby created as follows:
Section ______. Baby Diaper-Changing Accommodations.
A. Requirement to Provide Accommodations. After the effective date of this ordinance, every new establishment or use as defined herein shall be required to provide baby diaper-changing accommodations in accordance with the requirements of this section. Each such establishment or use shall be required to provide, at each floor level containing restrooms, at least one accommodation that is accessible to women and one that is accessible to men, or a single accommodation accessible to both. Each such establishment shall provide signage indicating the location of the baby diaper-changing accommodations. Any shopping center, mall or other facility encompassing multiple establishments and having a central directory shall indicate on the directory the location of all such accommodations.
B. Definitions.
(1) "New establishment or use" under this section shall mean the following establishments or uses that are instituted or substantially modified after the effective date of this ordinance:
(a) theaters and movie-houses;
(b) sports arenas, complexes and coliseums;
(c) stadiums;
(d) convention centers, auditoriums, cultural complexes and exhibition halls;
(e) libraries;
(f) passenger terminals;
(g) permanent amusement park structures;
(h) shopping centers of more than 25,000 square feet;
(i) restaurants with seating capacity of at least fifty (50) seats serving food for consumption on premises, except where there is a centrally located restroom facility with diaper-changing accommodations within 300 feet of the entrance of the restaurant;
(j) tourist attractions; and
(k) retail stores in excess of 5,000 square feet in size.

(2) A "new establishment or use" shall be deemed to be instituted on the date a certificate of use and occupancy or comparable certification regarding lawful occupancy is issued, or if the establishment or use has unlawfully failed to obtain such certification prior to occupancy, upon the first date of occupancy for its present use. A new establishment or use shall be deemed to be substantially modified so as to require compliance with this section upon any reconstruction, rehabilitation, addition or other improvement of the existing building or facility occupied by the establishment or use, if such reconstruction, rehabilitation, addition or other improvement requires more than fifty percent of the gross floor area occupied by the establishment or use to be rebuilt. It is provided, however, that no establishment or use shall be deemed to be substantially modified if no structural changes are made to any existing restroom in the building or facility occupied by the establishment or use.
(3) "Baby diaper-changing accommodation" shall mean a safe, sanitary and convenient baby diaper-changing station, deck, table or similar amenity which is installed or placed in a separate, designated location in an establishment or use subject to the provisions of this section. Such accommodations may include, but are not limited to, stations, decks and tables in women's and men's restrooms or unisex/family restrooms.
C. Exemptions. A new establishment or use shall not be subject to the provisions of this section if compliance would create a hardship. Under this section, a hardship shall mean that
(1) no reasonable physical alternative exists for providing baby diaper-changing accommodations; or
(2) the cost of providing such accommodation exceeds 10 percent of the cost of constructing, purchase or substantially modifying the building or facility occupied by the establishment or use.
D. Violation. Failure to comply with the provisions of this section shall result in a violation subject to the penalties in section 8CC-10 of this code.
Section 2. Sec. 8CC-10 of the Code of Miami-Dade County, Florida, is amended as follows: 1
Sec. 8CC-10. Schedule of civil penalties.
* * *
Code Section Description of Violation Civil Penalty
* * *
>>_______<< >>Failure to provide >>$500.00<<
baby diaper-changing
accommodations.<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 4. It is the intention of the Board of County Commissioners, and is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Metropolitan Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance does not contain a sunset provision.
Section 6. This ordinance shall become effective 60 days after the enactment date unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.